We review and advise upon the information you provide to us and draft the Application for you based upon the detailed information, rather than you simply purchasing a form that is otherwise freely available at the Court’s website.
We are able to turn around and file with the Court your divorce application within fourteen days of your first contact with our office.
To obtain a divorce, you must be separated for 12 months from your spouse. This can mean one of two things:
- You have moved out and not lived under the same roof as your spouse for the past 12 months
- You and your spouse did not move out from each other 12 months ago, or continue to live in the same house, but you consider yourselves separated
In the second case, this is known as ‘separation under the same roof‘. If you have enough evidence, we can have this period of separation counted so that your divorce can be filed. You will require at least one witness, that is neither you or your spouse, to satisfy the Court of this situation.
Contact our office to discuss what evidence you should assemble to take advantage of this option.
Property applications are entirely separate from divorce applications in Australia. However your divorce once granted will mean that you or your spouse have a limited period to apply to the Court to separate your assets without having to ask for permission from the Court. We can assist with negotiating or litigating your property settlement for a fixed price fee given to you at the commencement of our work with you. Visit us at www.familylegal.com.au to find out more.
The Court will want to be satisfied that any children involved in your marriage, including those brought into the relationship, are properly cared for after the divorce. This may mean that you should commence parenting proceedings, negotiations or Roundtable Dispute Management to ensure there is a clear arrangement in place to satisfy the Court. We can provide this advice and guidance to you.