Divorce
If you or your spouse wish to “get divorced” and you have been separated for 12 months or more, our family lawyers can assist you to file an Application for Divorce and obtain a Divorce Order from the Federal Circuit and Family Court of Australia.
A divorce order may still be made in circumstances where you have separated but remained living under the same roof. This is known as separation under the same roof, and it could be for a few days, weeks, months or years following separation.
If you have lived together under the one roof during the 12 months separation period, you will need to file an Affidavit with the Court alongside your Application for Divorce which sets out the circumstances of your separation.
A change in the sleeping arrangements
A reduction in family outings or social engagements
A reduction in performing household duties for each other such as cooking and washing
Dividing of finances
If family and friends were advised of your separation
There are two ways to apply for a divorce:
Sole Application for Divorce
This means that only you are making the application for the divorce and only you will sign the application. You will solely be responsible for the filing fee. You will need to arrange for your spouse to be personally served with the Application for Divorce in accordance with the Court’s Rules.
Joint Application for Divorce
This means that you and your spouse mutually agree to the divorce and will both sign the Application for Divorce. Often parties to a joint application will share the cost of the filing fee.
A Divorce Order takes affect one month and one day from the date of the Divorce Hearing.
Once your Divorce becomes absolute, time limitations commence if you and your former spouse have not finalised your property settlement matter. Spouses have 12 months from the date of the divorce to commence proceedings in the Federal Circuit and Family Court of Australia.