Divorce and Separation
Divorce is the legal dissolution of a marriage. A party to a marriage (or the parties in the case of a joint application) must satisfy the Court that the marriage has broken down irretrievably. The ground is established if the parties have been separated for a continuous period of 12 months immediately preceding the filing of the Application for Divorce. Separation often occurs when a party leaves the former matrimonial home however separation can occur when the parties are living under the same roof.
What is the Process?
An Application for Divorce is usually filed in the Federal Circuit Court and accompanied by a copy of the parties’ marriage certificate and the relevant Court filing fee. The application is listed for hearing approximately 8 weeks after the application is filed. The other party must be served with a sealed copy of the application for Divorce unless it is a joint application.
The applicant must attend the hearing if there are children under the age of 18 years unless, it is a joint application. At the hearing the Divorce Order will be made if all of the requirements have been met, to take effect one month from the date of the hearing. We are able to prepare your Application for Divorce and appear at the hearing on your behalf, where such attendance is required. Alternatively we are able to assist you to complete your own Application. Please contact us today to find out how we can help you.