It’s fair to say that divorce is almost always a traumatic event in one’s life. The stress and emotions that are associated with divorce often make people overlook important long-term practical and legal issues that can have a significant effect. Therefore, it is always recommended to seek legal advice when you are considering getting a divorce to obtain an overview of your legal rights and any potential legal issues. Our divorce lawyers at Matthews Folbigg Lawyers can assist in helping you through the traumatic process of a divorce to meet your divorce needs.
When can I divorce?
You cannot apply for a divorce until you have been separated for 12 months. All that needs to be proved is that there has been an irretrievable breakdown of the marriage which divorce lawyers can establish by evidence of you having lived separately and apart from your partner for a continuous period of 12 months before the filing of the divorce application. This can include separation “under the one roof” in some circumstances.
Meaning of separation according to divorce lawyers
Separation is usually thought to mean that and your partner have stopped living together in a domestic or marriage-like relationship. However, it is simply the effective breakdown of the relationship. Separation can only occur where you or your partner have intended to discontinue the marital relationship. What comprises the marital relationship differs from person to person. Marriage involves many elements, some or all of which may exist in a particular marriage– for example, residing under the same roof, the presence of a sexual relationship, the recognition of the existence of the marriage by both partners, and the care of the children of the marriage. You can speak to a divorce lawyer from our family law team when deciding these elements.
How do I make an application for divorce and how much will it cost?
An application for divorce must be made in accordance with Part VI of the Family Law Act 1975 and filed in the Federal Circuit Court. Part VI of the Family Law Act provides that you must prove:
- The court has jurisdiction to hear your application;
- You are legally married;
- Your marriage has irretrievably broken down;
- If you have children of the marriage under the age of 18, that proper arrangements for their welfare have been made; and
- You have served all the requisite documents (you must ensure that your former partner has been given adequate notice of the pending divorce application, that is 28 days before the hearing date)
The fees for a divorce application will depend on your circumstances. It generally starts from $825 with the filing fee for the application.
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Family law situations can be complex and sometimes they can involve serious issues. Information outlined is proposed to provide general guidance only. Due to the seriousness of legal matters as well as the uniqueness of your individual situation, professional advice should be sought. For advice, please contact one of our Family Lawyers.