Divorce/Dissolution of Marriage

Divorce only applies to married people.

Parties may be separated but living under the same roof.  To obtain a divorce you must prove that your marriage has irretrievably broken down and that you have been separated for a continuous period of more than 12 months before making a divorce application.  Parties can reunite for up to three months in an attempt to reconcile without jeopardising a prior period of separation.  Where the parties have been married for less than two years they can only obtain a divorce where they have attended a counselling session or where there are special circumstances.  Either party may file for divorce without consent.

Where you apply for a divorce you must be able to show that there have been satisfactory arrangements made for children under 18 years old. You cannot lodge a divorce application unless you or your partner are an Australian citizen, permanent resident or have been living in Australia for not less than 12 months before lodging the divorced application. A divorce application can only be filed with the Federal Magistates Court of Australia and the current filing fee as at 1st July 2006 is $639 which may change at any time so you will need to check this.  It is best to retain the services of a lawyer to deal with your application.

Other Family Law service areas:

• Separation
• Counselling and Disputes Resolution
• Care of Children (Custody, Access, Residence, Contact and Maintenance)
• Child Support and Spousal Maintenance
• Parenting Orders
• Property Settlements
• Domestic Violence
• Financial Agreements
• De Facto Relationships (including same sex relationships)

Contact LAC Family Lawyers now to make an appointment at an office near you.