Divorce

Divorce

Divorce can be an emotionally challenging step, whether you’ve been separated for some time or have recently decided to formally end your marriage. At Wakefield Lawyers, we are here to guide you through the legal process with understanding and clarity, helping you obtain your divorce in accordance with Australian law.

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Understanding the Separation Requirement

Before applying for a divorce, the law requires that you have been separated for at least 12 months. Sometimes, determining the exact date of separation isn’t straightforward. For many, it is the day one partner moves out of the family home. For others, the separation date may be less clear and can depend on factors such as changes in sleeping arrangements, financial management, eating routines, and when the separation was communicated to family and friends.

In some cases, couples remain living under the same roof during part of the separation period. If this applies to you, additional legal documentation is required, including affidavits detailing how the relationship functioned during this time. An independent person who knows both parties may also need to provide an affidavit confirming these arrangements. The law allows a temporary resumption of cohabitation for up to three months during the separation period without resetting the 12-month requirement.

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What You Need to Know About Applying for Divorce

• The Application for Divorce will be made to the Federal Circuit and Family Court of Australia.
• If you have been married for less than two years, you will need to provide a Counselling Certificate before applying for a divorce.
• A divorce application can be made by one party alone or jointly by both spouses.
• If there are children of the marriage under the age of 18 years, then a court appearance will be required. We can do that for you, you don’t even need to attend yourself if you don’t want to.
• If you apply jointly, you will not need to attend Court on the day your divorce is listed.
• A copy of your marriage certificate must be included with your application.

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How We Can Assist with Your Divorce Application

If only one spouse is applying, and there are children under 18 years of age, either the applicant or their legal representative will need to appear in Court on the scheduled date. If there are no children under 18, an appearance is generally not required.

After lodging the divorce application, it is crucial that the documents are served on the other spouse within a specified timeframe. The other party must then sign and return an acknowledgement of service, confirming they have received the documents.

Once your application is listed, a Court Registrar will review the case, either in open Court or privately if no appearance is needed. If the divorce is granted, it does not become final immediately; it becomes absolute one month and one day after the Court date. At that time, you can obtain a Divorce Order Certificate as official proof of your divorce.

If you’re ready to begin your divorce application or need guidance about your specific situation, our experienced family lawyers in Gippsland are here to support you every step of the way.