Divorce Proceedings.

If you have already separated or if you are looking to separate from your partner then it is not a mere matter of applying for a divorce, which is the formal nullification of the marriage and the subsequent issue of a Decree Nisi. Part VI of the Family Law Act governs divorce proceedings.

If your circumstances involve seeking more than the just obtaining nullification papers, then please be advised that you may need to consider issues relating to property division and distribution and if there are children resolving parenting issues which you can view on this page by clicking on the links.

In relation to divorce proceedings, to secure a Decree Nisi, we offer flat capped fees as an option many clients choose to adopt.

Divorce checklist

	Have you been separated for more than 12 months?
	Is the other party likely to dispute the separation date? If so then affidavits will be required.
	Is the marriage less than two years? Counselling is required as part of the process.
	Can you obtain a marriage certificate? If born overseas each party's citizenship papers are required.
	Can you serve the other party or have you lost contact if not Part 6 of the Federal Magistrates Court Rules 2001 may apply. Hearing dates generally take a few months.
	Have you agreed on the property division? After the grant of a divorce you only have 12 months to file an application.
	Are there children under 18? Have proper arrangements been made for children? The court needs to be satisfied the best possible arrangements are in place.
	Are you both still living in the same house? Affidavits are required.
	Cohabitation may break up the 12 month separation period.
	Are you applying to rescind the divorcedue to fraud, perjury or suppression of evidence?
	Have you updated you will after the divorce?

We take care of the whole proceedings for you

From preparation of the necessary documentation, filing, answering requisitions through to the final court attendance. Using our services ensures a satisfactory response should some of the many complications arise when the Court is not satisfied with information provided by either party. People choose our law firm to make sure that the procedures and information provided are accurate and as fast tracked as possible. We will avoid delays and complications. If you need to attend mediation prior to filing (that is if you have been married for less than two years and separated over twelve months) then we will arrange and guide you through the process.

An application for divorce can be made either by one party to a marriage, or both parties jointly. For the divorce to be granted the Court must be satisfied that the parties have been separated for a period of at least 12 months immediately preceding the application, and that appropriate arrangements have been made for any children involved. In certain circumstances a divorce can be granted where parties are separated, though living under the same roof or where there have been short periods of reconciliation (totaling less than 3 months out of a 12 month period). The information available on divorce through the Courts can be found here.

If your partner has left to reside interstate or overseas then we can arrange the proper affidavits and other documentation required for its proper administration. Navigating through the processes is sometimes daunting and psychologically draining. If your partner is problematic and refuses you a divorce we will argue your case and increase your chances for success. We will prepare all the necessary paperwork and complete all the forms accurately and correctly. We will streamline the response to the formal procedures to avoid potential delays. We carry on our law practice by taking an interest in what really matters to you in a caring and sensitive manner when moving through such a difficult period in your life.