In Australian Family Law, a divorce, being the dissolution of your marriage, is a totally separate issue to issues concerning the division of property and arrangements for children. To be eligible to apply for a divorce you must be separated for 12 months. We can assist with your divorce application and advise you of the legal time limits for seeking property settlement and spousal maintenance.
Unlike resolving parenting or financial matters, the divorce process is relatively straightforward and many people choose not to engage a lawyer to assist them with their Divorce. An application for Divorce can be made by either party or jointly.
It is important to remember that Once a Divorce certificate has been issued, you will only have 12 months to make an application for a property settlement or spousal maintenance to the Court. After that time any application for a property settlement can only be made with the consent of the parties or with permission from the Court under strict circumstances. That is why it is advisable to finalise all financial matters before applying for a Divorce.
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