To be eligible to apply for a divorce you must have been separated from your partner for 12 months or more and have no likelihood of reconciliation.
There are other requirements that the Court will call for you to meet before accepting your application, these being:-
- You or your former partner regard Australia as your home and intend to live in Australia indefinitely, or;
- You or your former partner are an Australian citizen by birth, descent or by grant of Australian citizenship, or
- You or your former partner ordinarily live in Australia and have done so for 12 months immediately before filing for divorce.
In some circumstances, you will be required to attend your divorce hearing to answer any queries the Court may raise with respect to parenting arrangements or service issues.
Not all divorce applications are straight forward and will require the skill, expertise and knowledge that Family Focus Legal can offer you. Complicating circumstances may arise where:-
- You were not married in Australia;
- You have remained living together whilst separated;
- Your Marriage Certificate is not in English;
- The other party is not currently in Australia; or
- You cannot locate the other party.
Family Focus Legal is here to help and guide you through this process in an easy and timely manner. Contact our Office Manager, Catherine Van Luenen, to discuss making an application and our fixed fee options available to you on 02 4655 4224.