When applying for a divorce, either one party or both parties jointly can do so, provided they have been separated for over a year with no chance of reconciliation. The divorce application is generally straightforward, as long as the Court is satisfied that appropriate arrangements have been made for any children involved.
It’s important to note that divorce is a separate process from making arrangements for your children, dividing property, or resolving maintenance or child support matters.
At Orbell Family Lawyers, we take pride in offering an unparalleled level of service to our clients. Our team consists of senior lawyers with extensive experience and a deep understanding of family law. With our expertise and forward-thinking approach, we proactively anticipate and address potential legal challenges, ensuring that you receive the best possible guidance to make informed decisions and achieve successful outcomes.
What truly sets us apart is our unwavering commitment to compassion and care. We understand the emotional complexities that accompany family law matters, and we provide a supportive environment where your concerns are heard and understood. Our dedicated team of professionals takes the time to listen, tailoring our approach to your unique situation. You can expect a personalised and attentive service that goes above and beyond, guiding you through every step of the process.
You don’t have to wait for the divorce to be finalised before pursuing a property settlement. However, it’s crucial to understand that once the divorce is granted, any application for adjusting property interests under the Family Law Act must be filed within one year. If this deadline is missed, the Court’s permission will be necessary to proceed. Permission to file out of time is only granted in exceptional circumstances.
A Divorce is granted by filing an Application for Divorce with the Federal Circuit and Family Court of Australia. In most cases an application for divorce will be listed for hearing within 2 to 3 months after the divorce application is filed. There is a fee for the filing of the divorce application or you may be eligible for a reduction in the fee.
You don’t need to go to court unless you have made a sole application and there is a child of the marriage aged under 18 years at the time the application was filed, the other party files a response opposing your application and certain other limited circumstances.
A divorce order is effective one month after the Divorce order is made.
We encourage you to seek advice from our experienced family lawyers about the best time to apply for a Divorce given your unique circumstances.
Arrange your complimentary call with our experienced family lawyers to explore how we can assist you. Navigating with empathy and expertise, we listen, understand, and guide you towards a resolution.
We will help guide you through the process, so that you can begin the next chapter in your life.
Our award-winning team stands ready to guide you through the legal process and support you every step of the way.
Our award-winning team stands ready to guide you through the legal process and support you every step of the way.
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