Collins & Thompson understand that divorce is a particularly stressful and emotional situation. Our highly regarded family law solicitors can assist you in all matters relating to divorce, consequential property settlements and protecting the rights of your children.
Acting promptly in divorce matters is essential and our firm is ready to support you through any difficulties.
Getting a Divorce - Irretrievable Breakdown of Marriage
There is a "no fault" system of divorce in Australia under Family Law Act 1975 (Cth). This means that to get a divorce, you do not need to show that your spouse committed adultery, was cruel or neglectful or committed some other form of mistreatment. All that you need to demonstrate is that the marriage has irretrievably broken down (generally by showing that you have been separated and lived apart for 12 months).
Many people often use the term 'divorce' to describe all the issues associated with the breakdown of a marriage - separation, legal divorce, property settlement and issues relating to any children of the marriage. In fact, divorce is only the formal dissolution of the marriage. However, in many cases, these other issues will arise following the breakdown of a marriage and resolving them and formally ending the marriage can be a traumatic experience.
Below is an outline of what is involved to formally end the marriage by getting a divorce. Having a good family lawyer can make this process less stressful, and will also help you sort out other areas of the marriage breakdown, such as property settlement.
How Do I Get a Divorce?
To get a divorce you will need to apply to the Federal Magistrates Court or Family Court and show that:
- You are married;
- You have been separated for at least 12 months;
- There is no chance that you will get back together; and
- You and your husband or wife are Australian residents, Australian citizens or Australia is your permanent home.
Marriages of less than two years
If you have been married less than two years, you must show the court that you have attempted to reconcile. When you file your divorce application you must include a certificate from an approved counselling or mediation agency showing that you and your husband or wife have had counselling.
Steps to Obtaining a Divorce
Divorce Application
The first step towards divorce is to fill out a divorce application. Either party can fill this out, together (called a joint application) or separately.
The person making the application will need to swear or affirm the application before a Justice of the Peace or a lawyer and file it with the Court, providing the marriage certificate and payment of the relevant application fee.
Get a hearing date
After filing the application, the Court will set a hearing date, which will usually be 6-8 weeks after the application is filed.
Serve the other party
If only one party applied for the divorce, the other party will need to be served with divorce application at least 28 days before the hearing (there are certain procedural requirements that go along with this that your lawyer can help you with).
Attend the hearing
You do not need to attend the hearing if you are making a joint application with your spouse or have requested that the application be heard in your absence. You must attend if you are the applicant or there are children of the marriage under the age of 18.
The divorce order
If the court is satisfied that you meet the requirements for a divorce, that is, you marriage has irrevocably broken down and you have been separated for 12 months, the court will grant divorce order, which will become final after one month. Once the divorce order is final, either party may remarry.
Property Arrangements
The court has a wide discretion in deal with property and it is important to get a solid understanding of what your property rights are during a divorce. Collins & Thompson are experienced in representing clients in court and pursuing your financial interests and contribution to the marriage's property. There are also issues of spousal maintenance, which are arrangements designed to ensure that a former spouse can support themselves after a divorce.
Parenting Matters and Children's Rights
The court aims to strongly protect the rights of any children while emphasising the role of both parents having a role in raising the family. However, no two marriage breakdowns are alike and we can advise you on your legal obligations under the law. This includes making living arrangements, organising child support payments and dealing with situations where it is appropriate that one parent should have the primary role of raising the children.
How Collins & Thompson can help you
Although obtaining a divorce in Australia is not as difficult as it used to be, the consequences of a divorce can be much more difficult. Collins & Thompson have a proven track record in fighting for your family's best interests by addressing matters such as:
- Negotiating the property settlement and addressing any binding financial arrangements (also known as "pre-nuptial agreements");
- Children, custody and access arrangements;
- Obtaining any necessary court orders that deal with your family's special requirements; and
- Appearing at court with you and drafting any necessary documentation.
Collins & Thompson have been assisting families in times of need for over thirty years. We have strong community ties in the Hornsby and North Shore area and are committed to pursuing the strictest personal and professional ethics as well as the utmost concern for our clients.
We realise that each client has different needs and goals and we are committed to responding promptly to telephone calls, keeping you up to date on the progress of a divorce and always advising you on your options concerning martial breakdown.
For urgent and confidential advice, telephone Collins & Thompson on (02) 9476 2788 or see us in person at our Hornsby offices located at 8 Coronation Street, Hornsby.
