There is often a lot of emotion around getting divorced. That is the actual divorce, which is quite separate from a property settlement and agreeing or putting in place ongoing child or children's arrangements. You might want to consider the timing of taking this largely administrative step, given your circumstances.
- There is essentially one substantive ground for a divorce and that is that the marriage has irretrievably broken down and this is established if parties are separated and they have lived separately and apart for a continuous period of not less than 12 months.
- You can be separated under the one roof during that time, or for part thereof. Additional evidence is needed if this is the case.
- You will need to obtain advice if it is less than two years between the date of your marriage and divorce as there are additional requirements to be met in those circumstances.
- An application is to be completed and filed with the court. The court will allocate a date for a divorce hearing approximately 6 weeks after the application is lodged. The application then needs to be served on the other party, if it is an application by one party alone.
- If there are no children under the age of 18 it is usually not necessary for either party to attend the divorce hearing. If there is a child under 18 and if the application is an application by one party alone ( that is not a joint application) then one or other of the parties will need to attend.
- Approximally one month and one day after the hearing date divorce will be issued by the court. It will then be sent to each of the parties.
- The divorce kit that details the process and provides the relevant forms can be downloaded from the Federal circuit Court website at www.federalcircuitcourt.gov.au
- Once you are divorced you have 12 months to seek a property settlement and/or a spouse maintenance order from the court, without requiring the court's leave to bring an application.
- You should not let 12 months pass after your divorce without obtaining advice, well before the expiration of the 12 month period.
This is general information only. It is not intended to be legal advice. You should obtain legal advice in relation to your individual circumstances.
Lopes Family Law
Level 1/52 Glenferrie Road Malvern VIC 3144
Telephone: (03) 9500 2299
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