Divorce and Separation
We understand that dealing with divorce and separation is challenging and distressing. For many getting separated is a traumatic experience. As Divorce Lawyers in Parramatta for over 30 years, we understand the complications, risks and the legalities of separation and divorce.
In Australia, there is no formal court process for separation for parties in a married or de facto relationship. Separation occurs when a party to the relationship decides that the relationship has ended and conveys the intention to the other party by action or words. Following separation, a couple can continue living under the same roof. A separated party can deal with property matters, parenting arrangement and child support one day after separation. People can finalise Family Law matters without the need to ever get divorced. However, not getting divorced can sometimes give rise to other complicated issues.
In the case of married couples, getting divorced involves a formal Court application. One can only apply for divorce after at least twelve (12) months of separation. In Australia, we have a no-fault divorce system which means, for the purposes of a divorce, it is irrelevant why the marriage ended. The Court will not consider the reasons for applying for divorce. The only ground for divorce in Australia is proving that the marriage broke down irretrievably and that there is no reasonable likelihood of the parties getting back together, and that the parties have lived separate and apart for at least 12 months preceding the date one applies for divorce.
You can get a divorce in Australia even if your partner lives overseas or has moved overseas after separation. You can a get a Divorce even if you are living in Australia on a Temporary Visa. You can also get a Divorce if you were married overseas; however, in some cases it may be relevant to consider whether the overseas marriage was a valid marriage under the provisions of Family Law Act 1975.
In the Application for Divorce in Australia the Court only concerns itself with the issue of terminating the marriage. The Divorce proceedings do not include issues of property, parenting or child support.
Based on our many years of experience and in dealing with clients with Family Law issues, we appreciate that separation and divorce are possibly the toughest experiences in one’s life. We are there to guide you through the process.