Divorce
Australia has a “no fault” divorce system, which means that you only need to be separated for one year before you can apply for a divorce.
Divorces can be straight forward, however complications can arise if you have lived under the same roof during your separation, if you have difficulties serving the other party or if you do not want to attend the Court hearing yourself.
We understand that filing for divorce can be an overwhelming time, and can be difficult to navigate if you don’t seek experienced, unbiased advice. Our trusted team at Jordan & Fowler Family Lawyers are able to assist with all aspects of this process to ensure that your best interests are satisfied, and a civil and respectful outcome is achieved for both parties.
Frequently Asked Questions
What do I need to apply?
You will need your marriage certificate, identification, and proof of citizenship.
What about the children?
The court needs to be satisfied that your children are being taken care of before a divorce will be granted, but will not expect that you have a formal agreement in place in regard to child custody.
What about property?
You may be able to reach an agreement with your ex-partner without having to go to Court. However, bear in mind that if you can’t reach an agreement, a formal application for property orders must be lodged within 12 months of your divorce becoming final.
How long does it take?
When you lodge your application the court will advise the date of the hearing, usually within 2 – 3 months. The hearing is not long and you may not need to attend. The divorce order becomes final in one month and one day from the date of the hearing, provided it is granted.