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Where ‘I do’ applies to your Divorce

Pursuant to section 48 of the Family Law Act, there is one ground of divorce – that there is an irretrievable breakdown of marriage evidenced by 12 months’ separation between the parties to the marriage. If the Court is satisfied that the parties have “separated and thereafter lived separately and apart” for a continuous period of not less than 12 months, a divorce order will be granted.

A divorce order may still be made in circumstances where the parties have been separated under the same roof. Pursuant to section 49(2) of the Act, parties can be found to have maintained separation in the same residence and/or when some household services have been provided to each other.

All applications for divorce are made to the Federal Circuit Court. A Divorce Order takes affect one month from the date of the divorce hearing or by declaration made by the Court. This is known as the ‘date of divorce’.

Once your Divorce becomes absolute, time limitations commence if you and your former spouse have not finalised your property settlement matters. Parties have 12 months from the date of divorce to commence proceedings in either the Family Court or the Federal Circuit Court.

For further advice regarding your divorce, please contact us at Parry Coates Family Law.


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