Australia has a no fault divorce system, which means that you do not have to give a reason or find fault with your ex spouse to seek a divorce. No one has to remain in a marriage that they feel is broken or is not healthy for them.
To make an application for a Divorce you can make it jointly or solely. At the date of filing at least on of the spouses must be
- an Australian citizen;
- domicilied in Australia;or
- resident in Australia for 12 months
You will also need to prove to the Court that you have been separated for 12 months and that your marriage has broken down irretrievably, that means that there is no chance that you will get back together again.
Separation can include living under the one roof and if that is how you have been living, then you will need to provide further evidence to the Court, that whilst you were living in the one home, you led separate lives and you no longer shared your finances and your family and friends and the world at large knows you as separated.
Where there are children under the age of 18 years, you will have to prove to the Court that the children are cared for and explain any parenting or child custody arrangements to the Court.
How to get a Divorce
If an application for Divorce is made by one spouse, then service of the Divorce Application is essential. The Court must be satisfied that your ex is aware and knows about the Divorce. Occassionally there are objections to a divorce, but these are not common.
We have experience and knowldge in Divorce applications and can provide you with peace of mind.
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