|
|
|
|
|
Divorce
Applications for Divorces are made to the Federal Magistrates Court.
Separation
Applications can only be made after 12 months of separation. There are special rules for couples who have resumed cohabitation and then separated again. In some instances, periods of separation may be added together.
Legal separation may take place whilst both parties are still living in the same residence. This is known as separation "under the same roof". Where the parties have remained in the same residence, the Court applies a set of rules to determine whether separation has in fact occurred.
Children
Where there are children under the age of 18, the Court must be satisfied that proper arrangements have been made for the children before granting the Divorce. Children may include children from previous relationships who have become part of the household in your marriage.
Filing the Application
Once an Application has been filed in Court, a Hearing date will be allocated. A fee of $550 is payable to the Court on the lodgement of your documents. A waiver of fees may be obtained in cases of financial hardship.
Service of documents
Your spouse must be personally provided with a sealed copy of the application. This is referred to as "service" of the application. Service may be difficult if your spouse lives interstate or overseas or you do not know of his/her whereabouts. Your Lawyer can make a special application to the Court in these cases for your spouse to be "served" in a different way or through another person.
Affidavits proving that service has taken place must be prepared and filed with the Court before the Hearing. Divorces are routinely granted if all of the legal conditions have been fulfilled. The Divorce becomes Final one month and one day after the Hearing.
Hearing
You may elect to have the Divorce dealt with in the absence of both you and your spouse. This option is not available where there are children under the age of 18. We do not recommend this option and advise our clients to attend Court for the Hearing. Our experienced Lawyers will guide our clients through every step of the way and appear at the Hearing.
Time Limit on applications for property settlment and spouse maintenance
You may apply for a Divorce even if you have not resolved other issues such as parenting arrangments for the children or division of the assets. However, once the Divorce has been granted then any applications for property settlement or spouse maintenance must be lodged with the Court within 12 months of the Divorce becoming Final. If the application for property settlement or spouse maintenance is lodged late (out of time) then the Court may refuse to hear the application.
Divorce invalidates Wills
A Divorce also invalidates your Will so it is essential that you make a new Will.
LEGAL ADVICE
The above is not legal advice and is only a brief summary of a complex area of Law. You must seek legal advice which is appropriate to your particular and specific circumstances.
The advice and assistance from a Family Law Lawyer is strongly recommended. Contact us for further information and to arrange a consultation with one of our Family Law Lawyers.
Other areas of practice
Home
|
|
|