Separation & Divorce
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If you are applying for a divorce in Australia, there is a “no-fault” system of divorce. What this means is that it does not matter what the other person did, or did not do, to contribute to the marriage break down. All that is necessary is for the person who is filing for the divorce needs to show is that the marriage has broken down “irretrievably” and there is no chance for patching things up. The way this is done, is you need to prove that you have lived separately and apart for 12 months with no getting back together periods before filing the application for divorce. However, even though you must be separated for a period of 12 months, the the Family Law Act encourages marriage reconciliation, so you are allowed one period of up to 3 months to try and patch things up and living together without having to re-start the 12 months separation time again.
If you have children under the age of 18, you must have made proper arrangements for their care, welfare and development before the Court will make a divorce order.
We can prepare your divorce application for you or alternatively, the Commonwealth Courts Portal allows you to file your divorce application online after you register with them. You can get more information from the Family Court about Separation and Divorce
If you have children under the age of 18, you must have made proper arrangements for their care, welfare and development before the Court will make a divorce order.
We can prepare your divorce application for you or alternatively, the Commonwealth Courts Portal allows you to file your divorce application online after you register with them. You can get more information from the Family Court about Separation and Divorce
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