Family Law and Divorce

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Divorce is the legal process that formally ends a marriage in Australia. The process can be initiated by either partner and can be either uncontested or contested. The divorce process in Australia is relatively straightforward but can be emotionally difficult for those involved.

To apply for divorce in Australia, couples must be separated for a minimum of 12 months and one day. During this time, they must have lived separately.

In Australia, the Family Law Act 1975 governs the procedure of divorce. It states that a couple must have been separated for at least 12 months before they can apply for a divorce. This means that the couple must have been living separately and apart during the 12-month period. However, it is possible to be living under the same roof and still be considered separated as long as there is no marital relationship.

The first step in the divorce process is to lodge an application for divorce with the Federal Circuit and Family Court of Australia. The application form must be completed and signed by the applicant. It must also include information about the couple’s marriage, the grounds for divorce, and any arrangements they have made for their children or property. The application must be accompanied by a filing fee.

If the application is complete and accurate, the court will review it and set a date for the divorce hearing. At the hearing, the judge will ask the applicant and their spouse some questions to confirm that the marriage has broken down irretrievably. If the judge is satisfied, they will make a Divorce Order, which is a provisional order granting the divorce.

After the Divorce Order has been made, there is a waiting period of one month before the final order can be issued. During this time, either partner can apply for orders regarding property or children. If no such applications have been made, the final order will be issued, and the divorce will be final.

If the divorce is contested, it means that one partner does not agree to the divorce or disputes the grounds for divorce. In such cases, the couple will have to attend mediation in an attempt to resolve their issues. If mediation is unsuccessful, the case will go to a trial where a judge will decide on the divorce and any related matters.

The legal process of Divorce aims to facilitate a fair and amicable resolution of divorce-related issues, including property and children.

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