Divorce

It takes 2 parties to make a marriage and 1 party to end a marriage.

At the present time, only opposite sex couples can marry and therefore divorce.

To be granted a divorce by the Court, you don't have to prove that the other party was at fault.  A divorce can be granted without your consent and even if you oppose it.

The only grounds for divorce are:-

*  The parties have been separated for one (1) year.

*  The marriage has broken down irretrievably (permanently).

*  There is no likelihood of resuming married life.

The Court must be satisfied that these grounds have been met before granting a divorce.

An Application for Divorce can be filed by one party or jointly by the parties.

Marriages less than 2 years require the filing of a counselling certificate with the application.

It takes about six weeks from the time of lodging the application to the hearing of the divorce.  You do not have to go to court if there are no children of the marriage.

Once the court pronounces a "Decree Absolute" or final divorce, you will be divorced and free to remarry.

The Court can refuse to grant a divorce if the grounds for divorce are not met or the parties have not made proper arrangements for the children.

You have one year from the date the divorce is finalised to commence property proceedings.

One of our friendly team is available for a confidential discussion about your family law matter.  Please ring Vikki on (02) 9687-9322.