Divorce in Australia
LAC Divorce Lawyers are experienced compassionate divorce lawyers who will fight to protect your interests in the event of divorce. Our Divorce Lawyers are knowledgable and experienced when it come to negotiatng and dealing with all aspects of Divorce proceedings. Rest assured LAC Divorce Lawyers will relentlessly pursue your rights.
Under the Family Law Act 1975, divorce is a legal separation of a couple that resulted in a marriage breakdown. When filing for a divorce in Australia, there a lot of factors to consider, matters to deal with and prove the ground of your separation.
Eligibility Requirements
You are eligible to get a divorce if you or your spouse is:
- an Australian citizen, or
- ordinarily lives in Australia,
- lived in Australia for the 12 months prior to making the application; or
- regard Australia as home or intend to live in Australia indefinitely.
Grounds for Divorce
There is only one ground for divorce, which is, that there has been an irretrievable breakdown of marriage. In order to satisfy this, you and your spouse must be living separately and apart for at least 12 months. You cannot lodge an Application for Divorce if this requirement is not fulfilled.
It may be the case that you and your partner have been living separately but under the same roof. In this case, you will need to file an Affidavit setting out in detail the circumstances of your separation. Additional supporting affidavits from your friends, neighbours and/or relatives who have knowledge of the separation are also required. Our Divorce Lawyers can assist you in preparing such Affidavits.
In addition to proving that there has been an irretrievable breakdown of marriage, there are additional factors that the Court needs to be satisfied with before Divorce can be granted:
Marriage
You and your spouse have to be married and a marriage certificate must be filed with the Application for Divorce. There is no length of time that the couple must have been married for. However, if your marriage was shorted than 2 years, you must undergo additional counselling before you can file an application. A signed Counsellor’s certificate must be filed with the Application.
Children
If you and your spouse have children, a separate and proper arrangement should be made. The Court has the discretion to refuse to grant a divorce if it is not satisfied that proper arrangements have not been made for any children.
Service of the Application
Once an Application has been filed, a copy must be served on the other party (if it is a single application). Service of the application is not required in joint applications.
How to apply
LAC Lawyers has the experience and strategy to make sure your divorce applicatiion is skillfully put to the Court. Our experienced Divoirce Lawyers have acted for many clients during this difficult period and have achieved great results. Call LAC Divorce Lawyers today so we can assist you.
Divorce in Australia Articles
Family Law - Grandparents and Their Rights
Date: January 13, 2012
Author(s): Angelita Manlangit LL.B.
In recent years, the role of grandparents has become increasingly significant. Considering the increase of family breakdown, participation of both parents in the labour force, financial difficulties, single parenthood, cost of child care, more grandparents are yearning to know their rights on how they could regularly contact their grandchildren and what they can do to help care for their grandchildren.
Family Law - Binding Financial Agreements - Spousal Maintenance Provisions - The power of courts to order spousal maintenance regardless of binding financial agreements
Date: November 29, 2011
Author(s): Patrick Mulligan B.A., LL.B.
Family Law - Hidden Assets: How can the law protect you?
Date: November 08, 2011
Author(s): Angelita Manlangit LL.B.
Obtaining a property settlement due to divorce can be a very complicated procedure which often causes great angst and stress amongst all parties involved. Our Family Law Solicitors understand that as a result, people are often led to hiding their assets, in order to ensure that their former partner does not receive a just and equitable amount. However, this is a breach of their statutory obligations to make a full and frank and disclosure and our Family Law Solicitors will ensure that all information are brought to the table by your former spouse.
Family Law - Property Financial Statements
Date: November 08, 2011
Author(s): Angelita Manlangit LL.B.
In financial cases, parties are required to file a financial statement with their initiating application. A financial statement contains a detailed summary of an individual's financial condition. The parties must also file an amended financial statement later in the proceedings if their circumstances change.
Family Law - Property Settlement Proceedings
Date: November 08, 2011
Author(s): Angelita Manlangit LL.B.
The parties to the marriage are under a legal obligation, under the Family Law Rules, to try and resolve and differences between them by way of an alternative dispute resolution (ADR). ADRs may include negotiation, family counseling, conciliation or arbitration. In the event that ADR is unsuccessful, try writing to the other party, setting out your claim and perhaps making proposals for settlement.