Divorce Lawyers
Specialist Divorce Lawyers
Divorce Lawyers Central Coast
Are you looking for Divorce Lawyers Central Coast?
With a passion for assisting clients to resolve all aspects of their family law matters including property settlement, parenting (child custody) matters and divorce, Family Law Divorce Lawyer Amelia Cox is available to assist you.
Who can apply for a divorce?
You can apply for a divorce in Australia if you, or you spouse:
- regard Australia as your home and intend to live in Australia indefinitely; or
- are an Australian citizen by birth, descent or by grant of Australian citizenship; or
- ordinarily live in Australia and have done so for 12 months immediately before filing for divorce
If you were married overseas, and that marriage is legally recognised in Australia, you are eligible to make an Application for Divorce. You will need your Marriage Certificate. If the Marriage Certificate is not in English, you will be required to provide a translation from a certified translator.
If you and your spouse have been married less than 2 years, before you can apply for a divorce you must:
- Attend counselling with a family counsellor to discuss the possibility of reconciliation with your spouse; or
- If you have not attended counselling (because, for example, you have experienced family violence), seek permission of the Court to apply for a divorce.
Grounds for divorce
The only ground for a divorce is that a person’s marriage has irretrievably broken down and the parties have been separated for a period of 12 months.
What is separation?
In Family Law, separation occurs when a matrimonial relationship has broken down. Separation does not necessarily mean a physical separation. It is important that you communicate with your spouse when you consider your marriage to be at an end. We recommend that you also mark this date in your calendar for future reference.
Separation under the one roof occurs when a married couple separate but continue to live together in the same home. If you and your spouse have lived in the same home during the first 12 months of your separation, additional information will need to be provided to the Court when applying for a divorce.
Types of application for divorce
Sole application
A sole application is when you file for a divorce by yourself. If you file a sole Application for Divorce you will need to make arrangements to serve the Application on your spouse. Service can be:
- By post – you should only serve the divorce application via post if you are confident your spouse will sign and return an “Acknowledgement of Service”; or
- By hand – you must arrange for a third party (not yourself) over the age of 18 to serve the divorce application on your spouse; or
- To your spouse’s lawyer – if your spouse has a lawyer, they may be willing to accept service on behalf of their client.
Service of the divorce application must occur at least 28 days before the Divorce Hearing date. You will also be required to file an Affidavit of Service to prove to the Court you have notified your spouse of the divorce application.
If you file a sole Application for Divorce, and you have children under the age of 18 years, you will be required to attend the Divorce Hearing to satisfy the Court that suitable arrangements have been made for the care of your children.
The Court may ask about the children’s living arrangements and visits that are in place for the children to spend time with the non-resident parent. It is better to have an experienced Divorce Lawyer on your side especially when children are involved and there are no current parenting arrangements in place.
Joint Application
A joint application is when you and your spouse file an Application for Divorce together. You will both sign the divorce application.
If you file a joint application, you will not need to arrange service of the Application for Divorce nor file an Affidavit of Service.
You will not be required to attend the Divorce Hearing even if you have children under the age of 18 years.
Application when living separately under the one roof
Spouses who have lived together in the first 12 months following their separation are required to provide the Court with additional information. This information must be provided via an affidavit.
If you are applying for divorce on your own, you and an independent person, such as a friend, family member or neighbour, will need to file an affidavit.
If you and your spouse are filing a joint application for divorce, you both will need to file an affidavit. You will still be required to also file an affidavit from a independent person.
Your affidavit will need to provide information to the Court about how you and your spouse have been living separately under the one roof. You affidavit should explain:
- change in sleeping arrangements;
- reduction in shared activities or family outings;
- decline in performing household duties for each other;
- division of finances; for example, separate bank accounts;
- any other matters that show the marriage has broken down; for example, if you have notified family and friends of your separation;
- Why you continued to live in the same home following separation and what intention, if any, you have of changing the situation;
- Living arrangements you made for any child of the marriage under 18 years during the time you were living under one roof; and
- What government departments you have advised of your separation if you receive a government benefits.
When can I re marry?
If your Application for Divorce is granted, your Divorce Order becomes final one month and one day following your Divorce Hearing. Both you and your former spouse are able to re-marry after this date.
Impact of a divorce on your Will
In all Australian States, except WA, a Divorce Order automatically revokes any gift or appointment of trusteeship made in a Will in favour of your spouse. We strongly recommend that you update your Will following your separation and divorce.
At Brazel Moore Family Lawyers we can assist your with your Divorce application should you require an experienced Divorce Lawyer.
