Stressful period during Divorce and Separation
It is generally accepted that Divorce and Separation usually adversely affect people in this situation and they need to consider immediate decisions as this stressful period might affect everyone differently. Some people accept the situation and move on and others may still not accept it and go through a period of grieving, stress and confusion. My Lawyers recommend that in these circumstances that family counselling with a professional may be able to help.
Legal Issues in Divorce and Separation
With respect to legal matters we recommend that you immediately contact My Lawyers to assist you in obtaining legal advice and understanding your legal, financial and personal circumstances. This will put you in the best possible place to deal with the changes that might occur in your immediate circumstances.
For a person to be able to file an Application for Divorce he or she will need to show that they have been separated for a total period of 12 months. They are able to separate, reconcile and separate again, however the total period of continual separation should be not less than 12 months.
The parties are able to separate under the same roof.
The Family Law Act 1975 establishes the principle of No Fault Divorce which means the Court does not need to consider why the marriage has ended. Usually the only ground for Divorce is that the marriage has broken down irretrievably and that there is no reasonable likelihood that the parties will reconcile and commence to live together again.
Applying for a Divorce in Australia
You can apply for a Divorce in Australia if either you or your Spouse regard Australia as your home, are an Australian Citizen by birth, descent or grant of Australian Citizenship or ordinarily live in Australia and have done so for 12 months immediately before filing for Divorce.
You will need to satisfy the Court that you and your spouse have lived separately and apart for a minimum period of 12 months and that there is no reasonable likelihood of reconciling as Husband and Wife.
How Can My Lawyers help you
My Lawyers have over 35 years of extensive experience in Family Law matters and are able to advise you in relation to Separation, Divorce and other Family Law matters and help you make Application for Divorce paying the filing fee, serving the Application upon your Spouse and if necessary appearing on your behalf at Court to obtain a Court Order.
When an Order is made each person bound by the Order must follow it and in the case of Divorce upon expiration of the required period a party might be able to re-marry.
May not need to attend Court
My Lawyers in some instances might be able to complete Applications for Divorce without the necessity of the parties having to appear in Court and in this way save significant legal costs, stress and inconvenience.
Take Urgent Action
Contact My Lawyers as a matter of urgency to avoid the numerous pitfalls, serious unforeseen consequences and penalties usually encountered by unprepared people going through a separation and divorce.
Get in Touch
To speak with one of our legal experts, please complete the contact form below or telephone us on (03) 8379 1000 to get in touch with us today.