Making it official – Signing Divorce Papers

When a husband or wife comes to our office, often the first thing they ask for is a Divorce.  As mentioned in previous articles, there are three distinctive areas of Family Law.  In particular –

  • Parenting
  • Property
  • Divorce

This is also the ideal order we would deal with your case.  Divorce is the last step in separating from your husband or wife and this article will explain how to complete that final step.

After parties have settled their parenting or property dispute they often want to end the marriage.  An Application for Divorce can be applied for jointly or by just one of you.  Whether or not the application is done together is of particular importance to the Family Law Courts when there are children under the age of eighteen.

However, before you reach the Court stage, you must fill out the application.  For your Application for Divorce to be successful you must prove the following –

  1. There has been an irretrievable breakdown of the marriage with no hope of reconciliation;
  2. You have been a citizen or resident in Australia for 12 months prior to filing;
  3. You have been separated for 12 months; and
  4. Any child under 18 has proper arrangements in place for their care.

If you have a joint application not only is it cheaper but you do not have to attend Court.  In the case of sole applications when there are children under eighteen, you are required to attend Court and prove point 4 above.

That fourth point will involve questions from the Judge about the:

  • Time and communication each parent is having with the child/ren;
  • Financial Support of the child/ren;
  • Health arrangement of the child/ren;
  • Education arrangements of the child/ren;

Once you have satisfied all criteria, the Court will make your Divorce Order.  Once this order (also known as a Decree Nisi) is made your Divorce comes into effect one month and one day later.

Appearing in Court can be a daunting process and you should seek legal advice from a Family Lawyer.  Call Kate Walker, Accredited Specialist Family Lawyer on 1800 087 934 for a confidential chat on the phone.

Skills

Posted on

December 4, 2017

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