Getting a divorce

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danielUnfortunately, the percentage of marriages that result in divorce in Australia is quite high.

If you find yourself in a position where your marriage has come to an end, this article is designed to give you an insight into the process of divorce.

1. You must satisfy the Family Court that you and your spouse have been separated for a period of at least 12 months before applying to divorce.

2. You must demonstrate to the Family Court that there is no reasonable likelihood in resuming married life (note: It is possible to live together in the same home but still be separated).

3. If you can satisfy the above two criteria, you are then able to make an application for divorce. Part of your application will include proof that you are in fact married, proof that you are an Australian citizen, and details about when you separated from your spouse.

In Australia, the principal of “no fault divorce” applies. This means that in considering a divorce application the Court does not take into account why the marriage ended, only evidence that satisfies the Court that the marriage has broken down irretrievably.

In circumstances where the marriage has resulted in children aged under 18, the Family Court will only grant a divorce if it is satisfied that proper arrangements have been made for them.

It is important to note that a divorce is different to a financial settlement and parenting/custody of children.

You must seek the advice of a Family Lawyer to ensure that not only are you successful in divorcing your spouse, but that you receive a fair share of the matrimonial assets and that any children of your relationship are appropriately cared for.

Some of the things that the law considers when deciding what is a fair asset split is the contribution by each party to the asset pool, non financial contributions such as the care of children and maintenance of the family home and the capacity of each party to earn income.

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