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To apply for divorce within Australia you need to have been separated for at least one year and have no intention of reuniting with your former partner. For us to help you, one of the parties needs to be an Australian Citizen, and regard Australia as their home (or have lived in Australia for 12 months prior to the divorce). We’ll help you with everything you need to apply – all you need to do is get in touch below.
We put the power back in your hands with our positive approach to Family Law. We believe it’s in the best interests of both parties for everyone to move on smoothly, so we work to find equitable solutions on your behalf. We’ll support you through this difficult time, and give you the information you need to feel confident about the way forward. We can help if you’d like to proceed with divorce and need advice about the paperwork, or if you’ve been served and have issues with some of the information your ex-partner has provided – either way we’ll help you get the record straight and avoid any hiccups.
Divorce is no longer a dirty word, in fact, your divorce can be a time of growth and renewal. Although many separating couples can sort out their divorce without help, it is always a good idea to speak with us and get some advice if you have any concerns. We’ll help you understand everything you need to know to apply, and then make sure everything runs as smoothly as possible; so you can move on quicker (even if your ex-partner is making life difficult).
Step 1
We’ll help you find out if you’re eligible to apply for divorce, and show you the best way to file, whether that be a joint or sole application. Most people apply with a joint Application, but even if your ex doesn’t agree to the divorce, you are still able to apply, as long as you follow every step with serving and filing your papers – this is a good example of a time when we can assist. If you need any assistance or preliminary advice, we suggest you book an initial appointment with one of our lawyers.
Step 2
An Application for Divorce is required to be filled out and filed with the Court with the required supporting documentation. Depending on the circumstances, you may be required to arrange personal service, by way of a process server, on your former partner. There is then other documents to be completed proving service which also are required to be filed with the Court. You can either do it yourself, however, this process can be complicated in which case we can help by doing the entire Divorce process for you. Alternatively, we can assist on a step in/step out basis to save you money.
Step 3
Most people applying for divorce don’t need to appear before the Court. But if your situation is complicated then you will possibly be required to attend. If so, we’ll help you prepare and get all your documents in order.
Step 4
One month and one day after your divorce hearing your divorce becomes final, and you can then marry again if you choose. That’s it – time to move on with confidence and start your new life. It is very important to protect yourself by severing your financial ties with your former partner by way of formal property settlement. If you’ve agreed to property settlement between yourselves, we can help you with a legally binding agreement (Consent Orders).
