A client was in our office yesterday asking if it was possible to get a…
The top 10 frequently asked questions about divorce – Part 1
There are many misconceptions surrounding Divorce in Australia.
In this two part blog series we take a look at the top 10 frequently asked questions about divorce in the Australian Court system.
1. What is a Divorce?
A divorce is the legal dissolution of a marriage between two people. Without a divorce, you could not marry a new partner in the future.
Australia has a “no-fault” divorce system. This means that when the Court grants a divorce, they do not look at why the marriage has ended or whose fault it was but rather, that the marriage has broken down and there is no likelihood that the parties will reconcile in the future.
2. Why do I need a Divorce?
Divorce is separate to any property division but it is just as important, as there are risks that can arise if you separate but do not divorce.
3. When can I apply for a Divorce?
You can apply for a divorce once you and your spouse have been separated for at least 12 months. If you have been married for less than 2 years, you will be required to attend a counselling session prior to making your Application.
It is possible for you and your spouse to have separated but live under the same roof for all or part of that 12 months. However, the Court will need to be satisfied that that there is no likelihood of you and your spouse reconciling.
4. Who can apply for a Divorce?
You or your spouse can apply separately for a divorce, or you can apply together in a joint Application.
You will need to demonstrate in your Application that you and your spouse have separated for 12 months and that either you or your spouse regard Australia as your home and intend to live here indefinitely and that one of you is an Australian Citizen either by birth, descent or grant of Citizenship.
5. How do I apply for a Divorce?
Aitken Lawyers can help you to complete an Application for Divorce, which will then be filed with the Federal Circuit Court of Australia. You will need to provide us with a copy of your Marriage Certificate.
Stay tuned for part two of our blog series on Divorce in Australia where we discuss another 5 frequently asked questions about divorce.
Article provided by Aitken Lawyers
This article contains general information and is prepared without taking into account your specific objectives. Before acting on the contents, you should obtain specific legal advice in relation to your own circumstances.
Stay tuned for part two of our blog series on Divorce in Australia where we discuss another 5 frequently asked questions about divorce. If you are going through a Divorce or would like to know more about getting a Divorce you can contact Amy Jenkins, head of the Family Law team at Aitken Lawyers on 8987 0000.