Obtaining a divorce or separating from a relationship can often be an emotional experience – especially when children are involved. Our family law team provide not only professional family law legal advice on your rights and obligations, but also guidance during this difficult period. Our family lawyers can prepare and file a divorce application for you quickly and cost effectively. We can also advise you on your legal rights and responsibilities in relation to children's care and contact issues and the financial property settlement - who gets what.
Contact one of our experienced family lawyers on (02) 9521 2222 or send through your enquiry online now and we will contact you shortly.
The Divorce Procedure & Requirements
The parties to a marriage must be separated for a continuous period of more than 12 months before making an Application for Divorce.
The parties are given one opportunity to reconcile for a period of up to 3 months without nullifying a prior period of separation. If the parties separate again within 3 months of their attempt to reconcile and live as husband and wife, they can use the prior period of separation toward the 12 month total required for the filing of an Application for Divorce. However, should the parties reconcile and live as husband and wife for a period of more than 3 months and then re-separate, the 12 month period of separation must ‘restart’ after the end of the reconciliation period.
Parties can apply for a divorce after being separated for twelve months. If the marriage was less than two years in duration the parties must file a certificate stating that they have considered reconciliation with the assistance of an approved counsellor before the divorce will be granted.
It is possible for the parties to separated but still living under the one roof. However, if this is the case, the Court may require the parties to file affidavit/s with the Application for Divorce confirming that although the parties were residing under the one roof, they were in fact separated.
An application for divorce must be filed with the Federal Magistrates Court of Australia (registries of the court are located in Sydney and Parramatta). You do not need the consent of both parties to file for a divorce.
The parties must be able to show that satisfactory arrangements have been made for any children of the marriage under the age of 18 years.
How can Prime Lawyers Help?
Our family lawyers are experienced in dealing with divorce and separation matters. We will prepare all the paperwork necessary and file your application in the Federal Magistrates Court.
To ensure that your divorce is handled by someone who truly understands what you are going through contact us on (02) 9521 2222. You can also send through your enquiry online now and we will contact you shortly.