Divorce

What is divorce?

Divorce only applies to married people as it concerns the dissolution of the legal bonds of marriage between two adult parties. Divorce does not deal with other pressing matters such as children’s residence and contact, child support and maintenance, spousal maintenance or the division of property.

Can I get divorced?

To legally obtain a divorce you must be able to prove that your marriage has irretrievable breakdown, meaning that you and your spouse are beyond the grounds of reconciliation. You also need to show that you and your partner have been separated for a continuous period of more than 12 months (or 1 year) and there is no reasonable likelihood whatsoever of reconciliation.

Can I be separated under the same roof?

Technically, parties may be separated but continue living under the same roof. If this truly reflects your circumstances then you may file a divorce application. You will need to also file with your application appropriate evidence setting out details of your arrangements whilst you were living under the same roof.

Parties may reunite for a period of up to three months without it affecting the prior separation period. This can assist couples who want to trial a reunion.

What if I have been married for less than 2 years?

Where the parties have been married for less than two years they can only obtain a divorce where they have attended a counseling session or where there are special circumstances.

Who can file for a divorce?

Either party may file for divorce without the consent of the other party.

If there are any children to the marriage, then you will need to show the Court that you have made satisfactory arrangements for them which are agreeable to both you and your partner. If there is no such agreement, the court will regard orders pertaining to children matters satisfactory.

If there are any children to the marriage, then you will need to show the Court that you have made satisfactory arrangements for them which are agreeable to both you and your partner. If there is no such agreement, the court will regard orders pertaining to children matters satisfactory. If there are any children to the marriage, then you will need to show the Court that you have made satisfactory arrangements for them which are agreeable to both you and your partner. If there is no such agreement, the court will regard orders pertaining to children matters satisfactory.

 

What do I need in order to be able to lodge a divorce application?

1. You or your partner are an Australian citizen, or

2. Permanent resident or

3. Have been living in Australia for not less than 12 months before          lodging the divorced application.

What can we do for you?

Antwan Family Lawyers Sydney understands divorce. We can immediately assist you in filing your divorce application in the Family Court of Australia or in the Federal Magistrates Court and make certain that you obtain your divorce smoothly, efficiently and as quickly as possible.

Contact Antwan Family Lawyers now for timely legal advice and fast, quality service for divorce contact us .