Divorce is the process through which you can either solely or jointly with your former partner, dissolve or terminate your marriage.
A divorce is not necessary if you were in a de-facto relationship, as you were never married.
The process of obtaining a divorce is separate to obtaining a property settlement and making care arrangements for your children. Whilst property settlement and arrangements for your children are distinct issues, they can be dealt with at the same time as applying for a divorce.
In Australia, we have a no-fault system, which means that the Court will not find that a marriage has broken down because either you or your former partner were at fault. The Court considers issues such as infidelity, irrelevant. You cannot apply for a divorce unless you and your former partner have been separated for a period of 12 months or more. There are also added complexities if you have separated from each other, but are living in the same household.
There are strict rules which the Court requires you to comply with, if your Application for Divorce is being made solely by you. This includes locating your former partner and having them served with your filed Application, face-to-face, by a third party. You must then file various other documents at the Court, which prove that your former partner has received a copy of your Application for Divorce and is aware of the hearing date.
It is important to know that there are time limits that apply when a Divorce Order is made, which can affect your financial future. Once the Court makes a Divorce Order, you will only have 12 months in which to finalise the division of your assets, liabilities and superannuation entitlements.
Our legal team can help you with all aspects of making or responding to an Application for Divorce. Most importantly, we ensure you are provided with support and advice to avoid any legal consequences, which may arise as a result of a divorce.