If your marriage has come to an end and you have been separated for twelve months or more, we can assist you to formalise your relationship breakdown through obtaining a Divorce Order from the Federal Circuit and Family Court of Australia (“the Court”).
If you and your spouse each agree that you are ready for a Divorce Order to be made, then you can jointly file an application with the Court. Should all requirements be met, the Court will make the Divorce Order without the need for you or your spouse to attend Court.
If you wish to press for a divorce solely without agreement from your spouse, you can file an application in the Court by yourself, and a Court hearing including attendance at Court may be required. You will also need to ensure that your spouse has been formally served with the application – there exist some strict rules that govern service.
While the process of applying for a divorce can be quite straightforward, and we sometimes encourage our clients to minimise their legal fees by undertaking the process on their own, there can be some complicating factors in each individual case that may require you to receive legal advice and assistance throughout the process.
Taking that final step to formalise your marriage breakdown through the divorce process does not need to happen right away. You need not be divorced to reach agreement on other pressing issues, like what living arrangements you put in place for your children, or how assets and liabilities are to be divided.
It is important to be aware that Court proceedings for property settlement and spousal maintenance must be commenced within one year of a divorce. Applications made after this period can only be made with leave (permission) of the Court and this can raise sometimes insurmountable complications.
If you wish to seek advice about the divorce process, we encourage you to reach out to discuss your circumstances with us.Contact us