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Divorce

Do you feel trapped in a marriage that has come to an end?  Have you been living apart from your spouse for a continuous period of at least 12 months?  Or, have you and your spouse separated, but you are still living together in the matrimonial home?

Accepting that your marriage is over can be one of the most difficult and challenging decisions you will ever make.  When a relationship has irretrievably broken down, in the alternative, divorce can be viewed as a positive step towards creating a new future. If you have children under the age of 18, by accepting the separation and taking steps to move forward may place you in a better position to help your children to do the same.

If you have reached a point in your marriage where it is highly unlikely that you will reconcile with your spouse, then come and speak to Anne-Alece who will help you to get started with all aspects of your divorce application, including:

  • Completing and filing your divorce application with the Federal Circuit Court of Australia

  • Arranging service of your application on your spouse, if required. In relation to your divorce application, there are very strict rules about serving divorce documents correctly. Incorrect service may invalidate your application, and markedly delay the process of your divorce.

  • Advice in relation to evidence that you will need for your divorce application in circumstances where you and your spouse have separated, but have remained living together under the one roof.

  • Attending your divorce hearing, if you have made a sole application and you have children under the age of 18 years.

  • Notifying you of when your Divorce Order is finalised. A divorce is finalised one month and one day after it is granted, unless there are special circumstances and a court order is made to bring the finalisation date forward. 

 

Supporting documents and information

To commence your divorce application, you will need to provide:

  1. Your Certificate of Marriage 

  2. Proof of citizenship or residency in Australia for the past 12 months (eg your citizenship certificate or visa paperwork), where required

  3. An Affidavit, if your current name is different to your name on the marriage certificate, or if you and your spouse have separated, but remain living under the one roof.  If these circumstances apply, Anne-Alece can assist you to prepare your affidavit for the Court’s consideration.

  4. The “date of separation” - is the date that either you or your spouse have come to an understanding or an agreement that the marriage is over. The date of separation may also be considered as the date where you or your spouse leaves the matrimonial home, and starts living separately elsewhere. 

 

If you would like to commence an application for divorce, you can reach Anne-Alece on

(02) 6669 1071 for an appointment, understanding and advice.