Divorce and Separation

Divorce is the legal process in Australia for ending a marriage.  Our experienced lawyers realise that the process of filing for a divorce can be an emotional and stressful time.

Contact us and we will take care of all the paperwork and ensure the process runs smoothly.

FAQ

When can I apply for divorce?

When can I apply for divorce?

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.

What is an Application for Divorce?

What is an Application for Divorce?

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:

  • the time limits for making an application for property division or spousal maintenance;
  • whether there are any properties held as joint tenants with your spouse; and
  • to take urgent action to update your Will, Power of Attorney and beneficiary nominations (i.e. superannuation) to reflect the change in circumstances.

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.

Do I have to attend my divorce hearing?

Do I have to attend my divorce hearing?

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.

 

Talk to an Expert

All we need is a few details and we'll be in touch.
Invalid Input
Invalid Input
Invalid Input
Invalid Input
Invalid Input
Invalid Input

Address: Suite 10/120 Bloomfield Street, Cleveland.
Copyright © 2018 - Mott & Associates.
All Rights Reserved.

Information you obtain at this site is not, nor is it intended to be, legal advice. Please consult one of our lawyers for individual legal advice.