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Separation / Divorce

Separation and Divorce

In Australia and since 1975, we have a system known as “no fault divorce”. In other words, either spouse can divorce the other, without a need to explain to anyone why the marriage has ended. It is enough that you have considered your marriage and have made your own decision that it is no longer working or in other legal words, “the marriage has broken down irretrievably” and there is no chance that you will reconcile in the future. There is one criterion, however which must be satisfied and that is that you show evidence that you and your ex-spouse have separated for a period of at least 12months. You have the opportunity during that separation year, to re-trial your marriage for a period of no more than 3months and you can also live separated with your ex under the one roof. This is particularly the case, where people are amicable and the separation has been accepted by both of you. If you choose to remain separated living under the one roof then the Court will request independent evidence of this fact from a witness, which is documented in what is known as an “affidavit” and filed with the Court.

Filing for Divorce can be done either jointly or individually, if it is done individually then it is essential that your ex-spouse is “served” the divorce application and you can produce evidence of this. Service is taken to have occurred when your ex-spouse physically receives the divorce application and this is either posted or given to them by another person aged 16 years or over. You will need to attend Court, if you have children together, who are under the age of 18 years. Where you and your ex do not have children, neither one of you will need to attend and if the Registrar of the Federal Circuit Court is satisfied with your Divorce Application, then it is dealt with administratively and you will be posted.

Often complications arise around service of the Divorce Application and/or where the other party is overseas or cannot be located or where the Registrar is not satisfied for example that the children are cared for in a proper manner. At Cominos Lawyers we are experienced at dealing with such complications and with our 30 minute complimentary session you will be convinced that we have the expertise and knowledge to assist you in obtaining your divorce.

Objecting to a Divorce Application is possible and open to you, however there are very limited grounds of objection and usually they relate to separation dates. The fact that you may not want to be divorced is not a ground for objection to the Divorce Application.

The Divorce Hearing itself, usually is a fast process and takes less than 20 minutes to be heard, provided that there are no issues or objections. It is conducted in the Registrar’s Court room, which is a public court room, where anyone over the age of 18 years can attend. Often our clients will use of services, because they do not wish to appear at the hearing and trust us to ensure that their divorce application is successful.

 

 I lost touch with my ex who left Australia and for about 3 years, I thought I could not get divorced, because I did not know where he was.  I met with Pamela who told me I could get divorced even if I did not know where he was. I was so ecstatic to hear this news and within a few months I was legally divorced.

 Catriona P.