Article by Eales & Mackenzie
In legal terms, divorce means the dissolution of your marriage. You must be separated for twelve months before you can get divorced. The only grounds for obtaining a divorce is an irretrievable breakdown of marriage. It is not necessary for either spouse to prove to the Court that the other party is at fault.
An Application to the Family Court or the Federal Magistrates Court for a divorce is independent from resolving property matters with your former spouse and putting appropriate arrangements into place for the care of your children. There is no waiting time for sorting out your property issues, which can be resolved at any time after separation. Parenting and child support arrangements can be put in place without delay.
If you decide to apply to either the Family Court or the Federal Magistrates Court for a divorce then you will have one year from the date upon which your divorce becomes final in which to make any applications to a Court regarding property and spousal maintenance that you may wish to make.
If you are not married, you may still have property and children’s issues to resolve. In that case, the Victorian State Courts have jurisdiction over the division of the property accumulated during your relationship. If you are in dispute with your former partner about where your children should live and child contact arrangements, then the Family Court of Australia will have jurisdiction.
Legal proceedings can be expensive and stressful. If there is any scope for negotiating a resolution to your case by agreement, then we are well equipped to assist you in doing so. Any agreement that you reach should be formalized either by Court Orders or a formal written document. It is important to obtain legal advice to ensure that any agreement you enter into is in your best interests and will be legally enforceable.
At Eales & Mackenzie we provide a comprehensive legal service to our Family Law clients. In addition to helping to finalize legal issues with your former spouse or de facto partner, we can also help you to prepare a new Will that reflects your changed circumstances.
The information about Family Law provided in this website is given in good faith and is general in nature. Every case is different because people’s lives can be so different. It is important to obtain detailed legal advice that is appropriate to your individual circumstances.