Divorce is the formal recognition that a marriage has ended. Divorce is a separate issue to matters such as property settlement, children’s arrangements, spousal maintenance and child support.
The court does not take into account who is at fault when making orders as to divorce. The necessary requirements to obtain a divorce are as follows:
♦ you have been separated for 12 months
♦ the marriage has broken down irretrievably and there is no chance of reconciliation
♦ your or your spouse is an Australian Citizen or resident and regard Australia as your permanent home
If you have been married for less than 2 years you will also be required to obtain counselling from a recognised counsellor and attach a certificate to your application for divorce. Hogan Stanton Lawyers can refer you to recognised counsellors in your area.
You can still apply for a divorce if you are living separately, but in the same house. This is known as “separation under the one roof“. If you have lived separately under the same roof during part or all of the required 12 month separation period, both you and a third party will need to file an affidavit to prove you have lived separately. We can provide you with legal advice about the content of your affidavits and the prospects of success of the application.
If you make a sole application for divorce and there is a child of the marriage currently under 18, you must attend the hearing. Hogan Stanton Lawyers are here to assist you with the preparation and filing of your divorce application and can appear at the hearing in court on your behalf.
Separated for 12 Months
Marriage Broken Down Irretrievably and No Prospects of Reconciliation
Either or Both Parties an Australian Citizen / Resident & regard Australia as Home