Divorce

Streamline your application for divorce with a specialist Family Law team on your side.

Overview

Divorce is the legal dissolution of a marriage and is a separate process to a Family Law Property Settlement.

Why Get a Divorce

An Order for Divorce terminates a marriage. In most cases, if you have been separated from your Husband or Wife for longer than 12 months, officially ending the marriage may well be the natural progression.

If you have formed a new relationship, you cannot legally marry your new partner until your Divorce Order takes effect.

A Divorce Order also changes your legal status which may have an effect on your Will and other important documents.

How Do Our Divorce Lawyers Help

Sometimes divorce isn’t as simple as filling out the form and filing a copy of your marriage certificate with the Court. Our expert Newcastle Divorce Lawyers will provide you with advice in relation to your divorce application and help you navigate any difficult issues which may arise.

Once you are eligible and ready to make your divorce application, you want it completed as quickly and seamlessly as possible. We can file your application, arrange service and attend the divorce hearing on your behalf.

Family law

When Can I Get a Divorce?

If you have been living separately and apart from your spouse for a continuous period of not less than 12 months, you can make an application for a divorce.

If you have been living with your spouse, but separated under the one roof, you can still apply for a divorce if it has been not less than 12 months since you, or your husband/wife, communicated and acted on an intention to separate. The breakdown of the relationship must have been substantial.

Can My Ex-Partner Resist a Divorce Application?

The sole ground for Divorce in Australia is ‘irretrievable breakdown’ of the marriage. This is proven by the parties to a marriage being separated and living separately and apart for a continuous period of not less than 12 months. So your ex-spouse can argue about when you separated however they cannot argue that the divorce shouldn’t be made because they want to remain married.

How Long Does it Take to Get a Divorce?

If you file a joint application with your spouse, your Divorce hearing will be listed at least 28 days after the date of filing.

A sole application (i.e. where the application isn’t filed by both parties to the marriage) will be listed at least 42 days after filing if the respondent is in Australia and at least 56 days after filing if the respondent is not in Australia.

If the application is not made jointly, you will need to prove to the Court that the respondent has been served with a copy of the application. If service has not been effected, the Court will be unable to make the Divorce Order and the matter will be adjourned to allow you to properly serve the other party.

The Divorce Order will take effect one month and one day after the Order is made.

Does Getting a Divorce Also Divide our Property?

No, a Property Division must be dealt with separately from Divorce.  However, a Divorce Order triggers the limitation period for applying to the Court for Property Division Orders.

Are Assets Always Slip 50/50 in a Divorce?

No, a divorce does not mean that assets are split 50-50, in fact often this is not the case.

The Family Law Act 1975 requires the parties take into account a variety of considerations, including:

  1. each of the parties financial and non-financial contributions to the relationship,
  2. the length of the relationship,
  3. the future needs of the parties,
  4. the construction of the matrimonial asset pool,
  5. what is ‘just and equitable’.

This means that you will often need the assistance of a skilled Family Lawyer to assess what you and your partner are entitled to.

What is a Wife Entitled to in a Divorce Settlement?

There are many factors which must be considered when dividing up matrimonial assets.

All assets in the name of either party bought to a marriage in Australia are included in the matrimonial asset pool.

This means that even if the house is not in your name you are still entitled to a property settlement.

There are many factors which need to be considered when dividing up the asset pool including the financial and non-financial (such as child rearing or homemaking) contributions of each of the parties.

Generally, you will need an experienced Family Lawyer to provide advice as to what your likely entitlements are.

How Long Does Divorce Property Settlement Take?

In our experience most divorce settlements take around six months to a year.

If you attend Court they can take up to two (2) or even three (3) years from the time the Court proceedings commenced.

How Much Does it Cost to Get a Divorce?

We offer a fixed fee Application for Divorce package, find out more here.

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