If you have been apart from your spouse for a full year, we can initiate your divorce application. We provide transparent fixed-rate options to ensure you know your expenses. Upon receiving your instructions and marriage certificate, our skilled family lawyers can begin the process. We have a wealth of experience handling divorces involving overseas or untraceable parties. Our goal at Point Cook Family Lawyers is to swiftly and economically process your divorce application.
If you are thinking about separation, it can help to get the right advice early on. It is always a good idea to speak with a lawyer before separation so that you can understand what to expect during the process and make informed decisions about your children and assets. As well as providing legal advice about your rights and obligations, our lawyers at Point Cook Family Lawyers can also refer you to separation counselling or mediation services for further emotional support during separation. Our family lawyers can quickly arrange a conference (either by telephone, zoom or face to face) to begin discussing the steps that you need to take to resolve the issues surrounding divorce.
ADVICE ON DIVORCE APPLICATIONS
You deserve to know your legal rights and responsibilities. We will guide you through the process every step of way, ensuring that not only are all potential outcomes discussed but also advice where it is relevant for your unique circumstances. You can rely on our expert family lawyers at Point Cook Family Lawyers for a wide range of legal services. We offer sound advice and practical solutions tailored to your needs, whether you’re dealing with simple or more complex cases. We have experience in all family law matters and have helped many clients resolve their matters.
To get help resolving your matter, call us on 8391 8411 or complete our contact form for an obligation free discussion.
WHAT YOU SHOULD KNOW
INFORMATION ABOUT DIVORCE
When can I apply for a divorce?
Under Australian Law, you can only apply for divorce after you have been separated for a period of at least one year. The Family Law Act 1975 established the principle of ‘no-fault divorce’. In the process of granting a divorce, the Court does not delve into the reasons behind the marriage’s dissolution. The sole basis for divorce is the irretrievable breakdown of the marriage. Should both parties consent to the divorce, you have the option to file a joint application for divorce. However, if the other party does not agree, you can still proceed with your application, provided you serve the Divorce application to the other spouse before the divorce hearing. When submitting a sole application, you are referred to as the applicant, while the other party becomes the Respondent. In the case of a joint application, both parties are considered joint applicants. After the Divorce Hearing, even though a Divorce Order is granted, it does not become final until one month and one day thereafter. Once the Court establishes the finalization date of the Divorce, you can then make arrangements for remarriage. It is essential to have a copy of your marriage certificate to apply for a divorce. If you do not have a copy, you should contact Births, Deaths and Marriages.
How long does a divorce take?
The duration for a divorce to reach its conclusion relies on numerous factors. Typically, in intricate situations like cases where locating a spouse or obtaining a marriage certificate poses challenges, the process extends over a more extended timeframe. Moreover, it hinges on the Court’s workload at that moment. Our team at Point Cook Family Lawyers comprehends the anxiety that uncertainty can bring during this period. Consequently, we’ll manage your case with maximum efficiency to expedite the finalization of the process as soon as feasible.
Will a divorce deal with parenting or property issues?
A divorce will not sort out issues relating to children or property. This must be dealt with separately from the Divorce Application. Division of property and custody issues must be done within 12 months of the date of the Divorce Order. Speak with one of our family lawyers today and find out how to resolve your parenting and property issues.
Can I apply for a divorce if my spouse has moved overseas?
Yes. The Court will need to be satisfied that you and your spouse have been apart for at least 12 months and it is reasonably unlikely you will resume married life. You may apply for a divorce in Australia, even if you or your spouse are not currently living in Australia. You can apply for a divorce in Australia if either you or your spouse:
- Consider Australia as your home and intend to live in Australia indefinitely;
- Are an Australian citizen by birth, descent or by grant of Australian citizenship;
- Ordinarily live in Australia and have done so for 12 months before filing for divorce.
Can I apply for a divorce if I was married overseas?
If you qualify to seek a divorce in Australia, the place of your marriage abroad doesn’t affect your eligibility. Registering an overseas marriage in Australia is not obligatory. Instead, the Foreign Marriage Certificate serves as proof of the marriage. The Court’s main concern is ensuring you and your spouse have been separated for a minimum of 12 months, with no reasonable likelihood of reconciling. The marriage certificate will be translated into English by a registered translator and filed with an Affidavit of the Translator which:
- Attaches a copy of the marriage certificate;
Attaches a copy of the English translation of the marriage certificate;
- States that the translation is an accurate translation of the marriage certificate; and
- States that the attached copy of the marriage certificate is a true copy of the marriage certificate translated.