When you want to get divorced it can sometimes be confusing knowing what to do and how best to do it.
At Gentles Family Lawyers we will assist by taking away the stress and concern about what to file, when to file it and whether or not you need to serve your spouse with the documents.
The only ground for a divorce in Australia is, that the marriage has irretrievably broken down.
It might be difficult for you to work out whether or not you have spent the requisite 12 months living apart during your separation. Quite often couples find themselves trying to make their marriage work and spend some time apart, either in different homes or the family home, and some time in reconciliation. You can definitely be separated and living under the same roof but it is important you know where you stand legally when it comes to proving to the Court that you are in fact separated for the prescribed length of time. You may need to provide evidence from an independent person by way of an affidavit.
Either you or your spouse may apply for a divorce or you can make a joint application. If there are children under the age of 18 years old, the Court must be satisfied that there are proper arrangements in place for your children to care for them. One parent must attend Court on the date of the hearing of the application for divorce if your children are under the age of 18 years old.
There is no requirement to attend court for your divorce hearing if your children are over 18 years of age or you do not have children.
It is important to know the following:
- That a limitation date applies to filing a property application in Court once a final divorce order has been made;
- The divorce order is final one month after the divorce order is made which may impact the date you can re-marry; and
- Some people may have difficulty with serving an application to a spouse who has moved overseas.
Given the complication of our separation under the same roof, Ioanita was able to clearly draft our affidavits with sensitivity allowing the process to run smoothly. I have no hesitation in recommending Gentles Family Lawyers given Ioanita’s wealth of experience and caring manner. Thank you for all your help.
Angelina – Joint Divorce
I can say that the whole matter was dealt with in a very professional, prompt and understanding way. Was obviously the first time I had been through the divorce process and everything was explained in a clear and concise manner and could be easily understood, which was a great help in what was a testing time for both my ex-wife and myself. Would not hesitate to recommend the services of Gentles Family Lawyers.
Brett – Client, Divorce Matter
I would like to thank Ioanita for her patience, understanding, persistence and excellent professional work on my separation case. From the very first meeting, I felt comfortable and listened to and very clear of the collaborative process that was just about to start. Ioanita showed much empathy and respect during a very difficult and stressful time, and for that I will be forever grateful.
I have no hesitation in referring Ioanita Gentles and her team, and would like to wish them all best wishes for the future.
Jenni, May 2016 – Divorce matter