The Family Law system will always encourage family and relationships counselling before couples make any major decisions about the future. When separation is inevitable, dispute resolution will be used to help both parties reach a mutual decision about the best course of action. This is particularly important when children are involved.
Divorce only applies to married people as it concerns the dissolution of the legal bonds of marriage between two adult parties. Divorce is separate from dealing with other matters such as property settlement and parenting matters.
However, once you have filed a divorce and obtained a divorce order, the time for you to file an application in relation to the other matters are generally limited to twelve (12) months.
Before you file an application for a divorce, you must be able to prove that your “marriage has broken down irretrievably”. In practice, this simply requires you to evidence a twelve (12) months separation.
Also, a divorce order is a “non-discretionary” form of relief. This means, as long as you can evidence the 12 month’s separation immediately preceding the date of the filing of the application, a divorce order must be granted by the Court.
No. The court will accept the parties may have separated notwithstanding they still be living under the same roof.
To evidence separation under the same roof you will be required to file an affidavit (sworn statement) along with your divorce application. The affidavit will provide evidences of the arrangement entered into between parties to the marriage after the separation. We can assist you in preparing that affidavit.
Either party to the marriage can file for divorce without the need to obtain the consent from the other party.
If there are children (under the age of 18), the Court will not grant a divorce order unless:
If your marriage is less than two (2) years at the time you file your divorce application you will be required to attend counselling sessions before a divorce order is granted (unless there are some special circumstances to justify an exemption).
Once the application is filed, you will be given a hearing date and your spouse must be served with a copy of the application at least 28 days before the hearing. Your spouse does not have to attend the hearing with you, unless children are involved.
If the Court is satisfied that the requirements have been met, a Divorce Order will be issued.
We can assist you in the entire process from the preparation of the divorce application, representation in your divorce hearing and obtaining the divorce order.
We offer a fixed fee arrangement for this service.
Contact us now to make an appointment for your free initial consultation.
If you need a lawyer to help you through your divorce, let McKenzie Lawyers help you through this tough time. With our fixed fee arrangement, you can rest assured that you won’t be facing any unexpected legal costs.
Call McKenzie Lawyers today or fill out our Online Family Law Enquiry Form.