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Family Law
It is often the case when I ask a client why they have come to see me they respond by saying ñI want a divorceî. When exploring that statement further it becomes clear that the client themselves donÍt know what they are asking for.
A Divorce does not in itself deal with or finalise issues such as property division or parenting arrangement of the children of the marriage. A separate and different application is required. A Divorce is the end of the legal union of the marriage. ThatÍs it.
How do you get Divorced?
In Australia we have what is called ñNo Fault Divorceî. That is, no reason has to be given in order to grant a Divorce other than the husband and wife have suffered an ñirretrievable breakdown in their marriageî. In other words they must establish that there is no likelihood that they will get back together. This is usually achieved by being separated from each other. The minimum separation period is 12 months and 1 day.
Once the period of separation has been established, either the husband or the wife (spouse) or by them both, can complete a Divorce Application and file it with the Court. There are different requirements depending...
