Duffy & Simon Divorce Family Lawyers
Submitting a divorce application can be difficult when you don’t have the legal knowledge and expertise to go about it. Moreover, you want to get a fair outcome so you, your partner, and any children can move on quietly and peacefully for a better future. That’s why bringing in an expert voice into your divorce application can make a fundamental difference.
Our expert family lawyers can assist you with the legal process of preparing and lodging your divorce application or offer advice on the divorce process. In this way, you can settle matters easier while minimising stress, expenses, and time spent.
Family Law Divorce Lawyers in Pakenham
The decisions you’re making during this period could have a long-lasting effect on your family’s lives. That’s why it’s essential to proceed with your divorce with wisdom and caution. Our divorce lawyers, based in Pakenham, Victoria, have extensive knowledge of family law and can help you find peaceful resolutions to help you and your family.
In general, below are the eligibility rules for your divorce application process. At Duffy & Simon, we can assist you at every step of your divorce application, as well as beyond.
Eligibility to Divorce
You must be eligible to apply for a divorce in Australia; otherwise, the application will be not successful. Here is how you can determine your eligibility:
Citizenship
Either you or the other party must answer ‘true’ to at least one of the following:
- I was born in Australia or have become an Australian citizen by descent (born outside Australia but with at least an Australian citizen parent and birth registration in Australia).
- I am an Australian citizen by grant of Australian citizenship (citizenship certificate required).
- I am lawfully present in Australia and intend to continue living in Australia. I have been living in Australia for at least the last 12 months (evidence of this is required, such as a passport showing the date of arrival at least one year prior and a valid visa).
If you or the other party to the marriage cannot answer ‘true’ to any of these statements, you do not meet the requirements for divorce eligibility in Australia.
Finality to Your Decision to Divorce
Under Australian law, you can apply for divorce once the marriage has been irreversibly broken down. There should be no reasonable likelihood that the marriage will go on.
In addition, you must be able to prove that you and your spouse have been separated for at least 12 months and a day. This can be established by each of you living in separate houses. But if you are still living in the same home as your partner, you can prove your break up by evidence that demonstrates clearly separate lives. This evidence can come from an independent party, such as a friend or family member, that testifies the separation has taken place.
Call Duffy & Simon to Book a Consultation!
Duffy & Simon’s family lawyers have helped countless people achieve their desired outcomes, while providing comfort and peace of mind, thanks to 130 years’ of combined experience offering legal guidance. To discuss your situation, please call (03) 5941 1622.
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Frequently Asked Questions
Is there a time limit that applies before I can apply for Divorce?
Yes, before making an application for divorce, you must have been separated from your spouse for 12 months and 1 day. It is not necessary for you and your partner to have been living separately and apart for the entirety of that time. There is an option for the 12-month period of separation to include time that you have been separated but, continued to reside under the same roof, however, careful consideration must be given to this issue before the application is made as additional documents are required.
Is there a time limit that applies before I can marry my new partner?
Yes, you cannot be married again until the divorce is finalised being a period of one month from the hearing date of the divorce application. It is important to ensure that any future wedding plans take into account not only the one-month period that applies, but also the time that the application will take to be processed and determined by the court.
There is, if necessary a process to shorten the length of time between the hearing of the divorce and the making of a final order.
Does a Divorce Impact on my rights to a property settlement with my ex-spouse?
Yes, following the issuing of a divorce order, each party has a period of 12 months to finalise a property settlement and to have the terms approved by the court. In some circumstances the period may be extended with the court’s approval.
Can I fight a Divorce Application?
An application for divorce requires the person applying for the order to prove to the court two things: firstly, that the parties have separated and that there is no prospect of a reconciliation; and secondly that the parties have been living separately and apart for at least 12 months.
Whilst it is possible to oppose a divorce application on these grounds, it may only delay the inevitable. However, should you wish to oppose a divorce application, it is important to obtain advice on the legal issues that will arise during the court process and the consequences of filing a document (Response) opposing the application.