It is important to note that you will need to apply for a divorce if you intend to remarry.
Our divorce lawyers can help.
How you can apply for a divorce
You can apply for a divorce in Australia if either you or your spouse:
- regard Australia as your home and intend to live in Australia indefinitely, or
- are an Australian citizen by birth, descent or by grant of Australian citizenship, or
- ordinarily live in Australia and have done so for 12 months immediately before filing for divorce.
You need to satisfy the Court that you and your spouse have lived separately and apart for at least 12 months, and there is no reasonable likelihood of resuming married life. Speak to one of our divorce lawyers if you are unsure whether you qualify for a divorce.
No one needs to be at fault
Whether one or other spouse considers the other to be at fault for the breakdown of the marriage (for example, because of infidelity, or family violence) is not relevant as divorce under the Family Law Act is treated as a “no fault” jurisdiction.
In certain circumstances, a divorce can be granted where parties are separated but living under the same roof or where there has been a brief period of reconciliation (up to 3 months) during the period of separation.
Beware: time limits apply
While it is possible to apply for a divorce at any time after a period of separation of 12 months, we recommend that you only do so after you have formally resolved all financial issues with your spouse.
If you obtain a divorce order before settling with your spouse, you have only 12 months within which to bring Court proceedings to deal with issue, otherwise you are “out of time” and may well need to apply to the Court for an extension of time.
Effect of divorce
It is also important to note that separation from your spouse does not affect your will particularly in terms of any gifts in your will in favour of your spouse, whereas divorce automatically revokes any gift in your will to your former spouse, but does not revoke the rest of your will.
Do it yourself or have one of our divorce lawyers do it for you?
While divorce applications can be done on line without legal assistance, some applications can be more complicated than others and critical issues may arise without you really knowing and understand what to do or what the impact may be on your rights and obligations.
You may therefore wish to have the benefit and “peace of mind” of having one a divorce lawyer on our team take care of this process on your behalf.
It is always recommended that you get an expert divorce lawyer to assist with your divorce and at Di Rosa, we make it easy by preparing and filing your divorce application and managing the whole process to ensure it is a smooth and straightforward one so that you can quickly get on with your life.
Why choose one of our divorce lawyers
- We’ve probably handled your property settlement or children’s issues, so we know what do and can do it quickly
- We will save you the pain and inconvenience of having to attend Court to get your divorce
- We know instantly whether you qualify for a divorce (taking out the guess work on your part)
- We know Court rules and any applicable exemptions
If you are wanting to file for divorce, and not sure whether you qualify, or don’t know how to apply, or just want one of our divorce lawyers to handle it, please do not hesitate to contact one of our team of divorce lawyers on 8237 0559. The first telephone consultation is FREE and without obligation.