Divorce is the legal end of a marriage.
To get divorced in Australia you need to show two things:
- that you have been separated for at least 12 months;
- that there is no prospect of reconciliation.
It does not matter who was at fault or whether one of you does not want a divorce.
The only way to stop a divorce is to show that one of the two things you need to prove has not occurred.
Applying for a divorce is usually straight forward. Either you or your spouse, or both of you together can make an application for a divorce. The process is designed to be user-friendly and many people apply themselves without a lawyer. However, if you have difficulty writing English or do not like speaking in public our divorce lawyers in Melbourne can help you with the process.
Sometimes, divorce applications can get complicated. For example, if:
- You do not know the whereabouts of your former partner;
- Your separation was complicated, perhaps with periods of reconciliation;
- You have been separated under the one roof;
- There is no agreement about when you separated;
- You are not an Australian citizen or have spent most of your life outside Australia;
- You have been married for less than 2 years.
If this happened to you, you should seek legal advice.
You should always remember that your divorce will not deal with any other legal issues such as who the children live with, child support or the division of property.
Please contact one of our divorce lawyers in Melbourne to discuss your divorce application.
Please feel free to contact one of our friendly lawyers who will be more than happy to discuss and guide you through your divorce application.