If you and your Husband or Wife have been separated for more than 12 months, then you can apply for a divorce in Australia to end the marriage.
If for any period of the 12 months of separation you and your former partner were living together separated under the one roof, then you will need to file an affidavit explaining the circumstances to the Court and confirming that you and your former partner were separated at the time by providing evidence such as – not eating meals together, not socialising together, telling other people and family members about the separation and so forth.
If there are children under the age of 18 and the matter is not a Joint Application for a Divorce (i.e. with both parties making such Application), then a personal appearance at the Divorce Hearing will be required. If there are no children under the age of 18, then no appearance at the Divorce Hearing will be required.
If the Court is satisfied that the parties have been separated for 12 months, they will grant the Divorce Order. The physical Divorce Order will then issue in one month and one days’ time and this is when the Divorce becomes legal.
Remember, you can settle financial and children’s matter from the day of separation. You do not need to wait until you apply for a divorce in Australia. Learn more about Considering Separation
To obtain a Divorce and legally end your marriage, contact the team at James Noble Law to Make an Appointment today.
HIGHLY SKILLED AND EXPERIENCED BRISBANE DIVORCE SOLICITORS
James Noble Law will look for alternate resolutions to resolve family disputes to ease the emotional issues and to minimise financial costs. We will examine alternative dispute resolutions that may provide a more suitable resolution including negotiation, collaboration, and mediation.
All of our solicitors are admitted to practice in the Family Court of Australia, Federal Circuit Court of Australia, and Supreme Court of Queensland. Our professional staff regularly conduct family and de-facto law matters in these jurisdictions and are experienced litigators.
CALL 1800 662 535 TO ARRANGE AN APPOINTMENT WITH ONE OF OUR FAMILY LAW EXPERTS AT JAMES NOBLE LAW BRISBANE: THE FAMILY LAW EXPERTS IN FAMILY RESOLUTION
James Noble is a Queensland Law Society Accredited Family Law Specialist with more than 40 years of experience as a solicitor practising in family law. He is a member of the Family Law Practitioners’ Association, the Queensland Law Society, the Family Law Council of Australia, and the Family Law Section of the Law Council of Australia. James is also a Notary Public. James has also been instrumental in developing Collaborative Practice in Brisbane. He is a member of Queensland Collaborative Law whose members are at the forefront of developing this new approach in Family Law Brisbane.
BRISBANE FAMILY LAW
James was a partner in a national law firm before starting James Noble Family Law Brisbane in 2003. His passion is to provide specialist family and relationship law and advice that emphasizes amicable and timely resolution of relationship difficulties through negotiation and mediation. James Noble Law Brisbane is highly experienced in the practice of mediation.
Article Source: Apply For A Divorce In Australia – https://jamesnoblelaw.com.au/considering-to-apply-for-a-divorce-in-australia/