Obtaining a Divorce
When married couples separate, there is only one ground for the grant of a Divorce Order, and that is the irretrievable breakdown of the marriage. This is established by the parties being separated for a minimum of 12 months. In some circumstances, parties can be living under the same roof and still be able to establish this ground.
Our experienced Family Lawyers are well versed in the divorce and separation process. We can make the application seeking a Divorce Order
for you, arrange for service of the Divorce Application upon your spouse and appear on your behalf at the hearing before the Court.
Once the Divorce Order is granted, a Divorce Order will be issued 1 month and 1 day after the Hearing date. Neither party may remarry prior to the issue of the Divorce Order.
Divorce proceedings are separate to proceedings which may be commenced in relation to financial and parenting issues. An application seeking orders in relation to property and/or parenting/children’s matters can be made to the Court, or resolved by agreement, before or after the parties are divorced. Therefore once a married couple has separated, they may proceed to resolve all financial and parenting matters as soon as they are ready to do so. However, a time limit applies once a Divorce Order is made. An Application for property settlement and/or spouse maintenance must be brought within one year of the Divorce Order becoming final.
Separation in De Facto Relationships
When parties have lived together in a de facto relationship, unlike marriage, there is no formal ceremony to mark the commencement of the relationship or procedure to formalise its conclusion, such as Divorce. This can cause disputes between separating couples when determining the length of a relationship.
A de facto relationship must be longer than 2 years for the Family Law Act to apply. However, the Court may still have jurisdiction over financial matters in de facto relationships which are less than 2 years, if a party to the relationship has made contributions during the relationship, and/or there is a child of the relationship.
Edwards Family Lawyers can advise you on whether your relationship falls within the provisions of the Family Law Act.
Contact us for a confidential discussion concerning these issues.