iconDivorce

Since the introduction of the Family Law Act in 1975 there has been only one ground for divorce, and that is that the marriage has broken down irretrievably, which is proven by a period of separation for 12 months.

Whilst fault is not a ground for divorce, the breakdown of a marriage will very often leave one or both parties feeling shocked, angry and unsure about what the future may hold. It's at times like this that having the advice of a good lawyer can really help, as we can take care of the legal issues, whilst you concentrate on the emotional side, and on moving forward.

Separation is the ending of life as husband and wife. This usually involves one party leaving the home they shared together and ending day to day social contact. However, it is possible to be separated whilst living under the same roof. The court will require supporting evidence about this to see that the features of a marriage relationship were over. One of our family lawyers can give you more information if you are in this situation.

The breakdown of a marriage also gives rise to the need to divide up your shared property, and in some cases, make arrangements for your children, however, those processes are completely separate from actually obtaining a divorce. A divorce is simply legal recognition that your marriage is at an end.

Either party can apply for divorce after the 12 month separation period has ended. A divorce will be granted by the Family Court of Australia if, and only if, the parties can establish that they separated and lived separately and apart for the 12 months immediately prior to the filing of the application for divorce. If you have been married for a period of less than two years, you will normally require a counselling certificate before applying to the Court. We can assist you to obtain the necessary information if this is the case.

After filing the Application, the Court will set a date for the divorce hearing. If both parties agree to the divorce, and there are no other issues, the Court will grant the divorce, and the Order will take effect one month from the date the divorce was granted. The divorce does not officially take effect until after that one month period, and remarriage can only take place after this time.

As we mentioned above, the division of property and children's matters are separate legal proceedings, however, you do not need to be divorced to deal with financial/property or parenting matters, so we can begin to help you resolve those matters before you have been separated for 12 months. Check out our pages on financial/property matters and children's matters, for more information about those areas.

Importantly, once you are divorced, property proceedings must be commenced within twelve months, unless special permission is given by the Court. The Court will only give this permission in very limited circumstances. If you are already divorced but have not yet resolved your property matters, we would ask you to contact us urgently so that we may attempt to negotiate a suitable outcome, before it becomes necessary to commence formal legal proceedings, as this will help keep your legal costs down.

If you need any help or advice about divorce, or any family law problem, the family law team at Smith and Associates are ready to help you. For detailed advice, tailored to your individual situation, please call one of our friendly solicitors on 3099 3300 or email our family law team.