In Australia, the term “Divorce” is often used interchangeably with other aspects of relationship breakdowns, such as financial settlements, parenting arrangements, spousal maintenance, and child support. However, it’s essential to understand that divorce itself refers specifically to the dissolution of a marriage, separate from these other legal matters. Even de facto couples, who are not married, should legally sever their financial ties and make arrangements for their children.
At Cornish Lawyers, we empathise with the emotional and legal complexities that arise during divorce proceedings. Our team of experienced family lawyers in Geelong is committed to providing professional guidance and unwavering support throughout this challenging time. We focus on handling divorce cases, ensuring the protection of your rights and interests.
Divorce in Australia: A ‘No-Fault’ Approach
Australia follows a ‘no-fault’ jurisdiction when it comes to divorce. This means that specific reasons for the separation are not considered by the Court when granting a divorce. Interestingly, the 12-month separation period can begin even while you’re still living under the same roof. However, you’ll need to demonstrate to the Court that you led separate lives during that time, residing in different rooms.
When navigating divorce proceedings, certain essential steps must be followed. One critical requirement is providing evidence through an Affidavit—a sworn statement—from you. Additionally, a corroborating witness, such as a neighbour, family member, or friend, must provide their own Affidavit to verify the facts.
Our dedicated team of divorce lawyers and solicitors in Geelong fully understands this legal framework and approaches each case with a keen focus on the marriage breakdown.
The Importance of Your Marriage Certificate
When filing your Application for Divorce, it’s crucial to include a copy of your marriage certificate. If your certificate is not in English, you’ll need to submit an English translation along with an affidavit from the translator.
Obtaining a copy of the marriage certificate is essential for marriages that occur overseas. If you don’t have one, try contacting the relevant authority where the marriage took place. In exceptional cases where obtaining a copy is impossible, you can file an Affidavit – Family Law and Child Support – with the Court, explaining the reasons for the absence of the certificate.
For marriages conducted in Australia, apply to the relevant State or Territory Registry of Births, Deaths, and Marriages to obtain a copy of your marriage certificate. Keep in mind that Federal Government Regulations determine court fees.
Applying For Divorce With Confidence
When seeking a divorce, you have two options: applying individually or jointly with your spouse. To initiate the process, you’ll need to prepare an Application for Divorce. Our team of divorce lawyers in Geelong can assist you throughout this journey, ensuring clarity and support.
Sole Application Process
If you choose to apply solely, you’ll need to serve a copy of the application to your spouse. At Cornish Lawyers, we can guide you through this step. Additionally, certain circumstances – such as holding government concession cards or facing financial hardship – may qualify you for a reduced fee. For joint applications, both spouses must meet the same reduction criteria; otherwise, the full fee applies. Keep in mind that court fees are determined by Federal Government Regulations.
The Court’s Role
Once your application is submitted, the Court will assign a hearing date. In most cases, attendance at the hearing isn’t necessary unless you have children under 18 and are seeking divorce individually. When children are involved, demonstrating appropriate care arrangements is crucial as part of the Divorce Application.
Key Requirements for Geelong Families
To proceed with a divorce in Australia, both you and your spouse must meet specific requirements:
- Agreement on Financial Assets: While not strictly mandated, reaching a mutual agreement on dividing financial assets and obligations is advisable. Consider having a Separation Agreement in place to facilitate this process.
- Period of Separation: To obtain a divorce in Australia, you and your spouse must have lived separately for at least 12 months. Alternatively, if you’ve lived together but in a separated manner, this also demonstrates the irretrievable breakdown of the marriage. It’s essential to understand that Australian law doesn’t assign blame for the marriage’s breakdown; the focus is on the separation itself.
- No Likelihood of Reconciliation: Establishing that there’s no possibility of reconciliation or attempts to save the marriage further substantiates the irretrievable breakdown. This legal requirement reinforces the need for divorce.
- Financial Arrangements and Obligations: During the 12-month separation period, you and your spouse can agree on the division of financial assets and ongoing obligations, such as school fees for children. Documenting these arrangements in a Separation Agreement is advisable. If mediation fails to reach an agreement, the Family Law Court may intervene to make a decision before granting the divorce.
Navigating divorce complexities can be challenging. That’s why we recommend seeking assistance from experienced family lawyers. Our skilled team is here to provide guidance and support throughout your divorce process. Contact our law firm in Geelong today to schedule a consultation with a knowledgeable divorce lawyer or solicitor.
If you require the assistance of a skilled family law attorney in order to apply for divorce, contact Cornish Lawyers today to schedule consultation.
Addressing Post-Divorce Matters
It’s crucial to recognize that a divorce decree from the Court doesn’t automatically address financial support, property division, or child-related arrangements. These critical issues require separate consideration and resolution. Our dedicated team of property lawyers in Geelong offers valuable legal guidance and representation for property division concerns. Additionally, as child support lawyers, we provide essential legal advice and representation for matters related to child support. Our unwavering commitment to fairness drives us as we diligently work toward favourable settlements.
Comprehensive Services & Personalised Assistance
At Cornish Lawyers, our accredited family law solicitors are deeply committed to delivering professional competence and personalised support tailored to your unique circumstances. We understand that divorce is an intensely personal and challenging process. That’s why we prioritise safeguarding your rights and interests at every step of the journey.
If you or someone you know is facing divorce or separation, seeking legal advice early is crucial. Our compassionate team of divorce attorneys is here to guide you through the complexities of divorce and help you overcome the associated challenges.
