Divorce is the legal recognition of the end of a marriage. It is different to property settlement – the division of assets, liabilities and superannuation. Only a Court can grant a divorce and when it does there are specific consequences:
• most legal rights end (such as gifts or responsibilities under a will)
• time limits apply for property settlement; and
• you can remarry.
Grounds for Divorce
The irretrievable breakdown of marriage is the only ground for divorce in Australia.
The Court must be satisfied you have lived separately and apart for at least 12 months. A Divorce Order will not be granted if there is a reasonable likelihood of reconciliation.
The Court can be satisfied you have separated even if you both still reside in the same home. It is common to continue to live in the same home while a property settlement or care for children is arranged. Our team of family lawyers can guide you through the court process and assist you to gather the necessary evidence to prove to you have separated.
If you have separated but are unable to leave the home because of financial commitments, concerns for your safety or the safety of your children, we recommend you contact our family lawyers to discuss your options.
If you have lost contact with your former partner we can assist you to locate and serve them with Divorce documents.
Time Limits after Divorce
If you have filed an Application for Divorce or received a Divorce Order we recommend you contact us immediately. Strict time limitations apply once you divorce. If you do not take action within those time limits you may lose your right to property settlement.
[row][span6] Get in touch with one of our Family Lawyers. It costs nothing to call. Or leave your details below and we’ll be in touch. A few minutes on the phone might save you many hours of worrying. | Ph. (07) 3837 3600
Listen to you and truly understand your situation
Explain your rights and obligations
Advise you about possible solutions; including private agreements,
mediation or Family Court proceedings
Quote the costs involved with each option before we move forward
Help you to move forward, with professional guidance and support