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The top 10 frequently asked questions about divorce part 1

Lauren Maddalena

There are many misconceptions surrounding Divorce in Australia. In this two part blog series we take a look at the top 10 frequently asked questions about divorce in the Australian Court system.

1. What is a Divorce?

A divorce is the legal dissolution of a marriage between two people.  Without a divorce you would not be free to marry again in the future with a new partner.

Australia has a no-fault divorce system.  This means that when the Court grants a divorce they do not look at why the marriage has ended but rather that the marriage has broken down and there is no likelihood that the parties will reconcile in the future.

2. Why do I need a Divorce?

Divorce is separate to your property division but is just as important as there are many risks that can arise if you separate but do not divorce.

3. When can I apply for a Divorce?

You can apply for a divorce once you and your spouse have been separated for at least 12 months.  If you have been married for less than 2 years you will be required to attend a counselling session prior to making your Application.

It is possible for you and your spouse to have separated but live under the same roof for all or part of that 12 months however the Court will need to be satisfied that that there is no likelihood of you reconciling.

4. Who can apply for a Divorce?

Either you or your spouse can apply separately for a divorce, or you can apply together in a joint Application.

You will need to demonstrate in your Application that you and your spouse have separated for 12 months and that either you or your spouse regard Australia as your home and intend to live here indefinitely and that one of you is an Australian Citizen either by birth, descent or grant of Citizenship.

5. How do I apply for a Divorce?

Aitken Lawyers can help you to complete an Application for Divorce which will then be filed with the Federal Circuit Court of Australia.  You will need to provide us with a copy of your Marriage Certificate.

Stay tuned for part two of our blog series on Divorce in Australia where we discuss another 5 frequently asked questions about divorce. If you are going through a Divorce or would like to know more about getting a Divorce you can contact Amy Jenkins, head of Russell Kennedy Lawyers’ Family Law team on (02) 8987 0000.

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