Spouses can make an application for a divorce after 12 months and 1 day from their separation date. This can either be a joint application, where both parties make the application together, or a sole application, where one party makes an individual application. To have a successful application in Australia, the marriage must have broken down with no likelihood of getting back together. There is no need to establish that one spouse was “at fault” for the breakdown of the marriage.
Application for Divorce is the process entered into in order to obtain a divorce order, which formally terminates a marriage.
Contemplating a formal divorce can seem a daunting, unfamiliar and cold process. We offer a fixed fee cost arrangement for standard (contact our office for conditions) divorce matters that allows us to undertake the process on your behalf.
Separation and Divorce can impact other aspects of yours and your family’s legal rights.
Some other matters for consideration when contemplating a Divorce are:
Our solicitors can provide you advice and assist you with all of the above.
Contact our office for further information or to make a time to meet with us.
It is dependent upon the circumstances outlined in an application as to whether parties are required to attend their divorce hearing. It is also subject to the requirements of the Court in some instances.
However, neither party to a divorce are likely to be required to attend the hearing if the application is made jointly, even if there are children of the marriage under the age of 18 years.
If your application is made solely and there are children under the age of 18 years, it is likely you will be required to attend the hearing.
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