Divorce

In Australia, divorce, parenting and financial issues, are dealt with separately, so the parties do not need to be divorced before their parenting and financial issues are dealt with.

A divorce involves:

  • an Application to the Federal Magistrates Court seeking a divorce order
  • the parties need to be separated for at least 12 months before they can apply for divorce
  • if during that 12 month period the parties are separated under the one roof, they may still apply for a divorce
  • however, they need to provide evidence that the parties were in fact separated
  • a divorce becomes final one month and one day after a divorce order is granted, whereupon a divorce certificate will issue
  • once a divorce is granted, the parties may remarry. 

If the Court is satisfied that the parties were married in the first place, that they have been separated for at least 12 months, and that other jurisdictional requirements are satisfied, then a divorce order is granted. 

Divorce in Australia is secular. The parties are entitled to a divorce regardless of their religious beliefs. The only ground for obtaining a divorce is that the marriage has broken down irretrievably. This is evidenced by the 12 months separation. 

For assistance with Family Law matters, phone Dominic Wilson, Managing Partner of Craddock Murray Neumann, on (02) 82684000. Our senior Family Lawyer is certified by the Law Society of New South Wales as an Accredited Specialist in Family Law.

 
Further information
 
Contact Craddock Murray Neumann Lawyers on (02) 8268 4000 for friendly professional service.
Sole occupation of the family home after separation
Date: Sep 01, 2015

It is not uncommon in family law disputes for one party to seek that he/she remain living in the family home, to the exclusion of the other party, while the parties negotiate property settlement.

Dissipation of joint assets post-separation
Date: Jul 20, 2015

Often our clients report to us that, following separation, their ex-partner or spouse has spent some, or all, of joint funds, before property settlement has been finalised, or that the other party has disposed of an asset that existed before separation and has used the proceeds for his/her sole benefit.

Stamp Duty Exemption on a Property Transfer
Date: Jan 26, 2012

Parties may also be entitled to a stamp duty exemption if the Court makes Orders requiring a transfer of property.

Inheritances and Gifts in Family Law, how are they treated?
Date: Nov 01, 2011

Consider this example: John and Jill have been married for 10 years and have recently separated. Around 2 years ago Jill’s father died and Jill received an inheritance of $100,000. These monies were deposited into a joint bank account and have been used by the parties to assist in the purchase of a property. Now that the relationship has broken down what becomes of Jill’s inheritance?

Family Dispute Resolution
Date: Oct 11, 2011

If you are in dispute with your partner regarding the care arrangements for your child you are required, by law to engage in what is called Alternative Dispute Resolution.

Do I need a pre-nup?
Date: Oct 06, 2011

In Australia couples who are considering living together, as a de facto couple (whether same sex or heterosexual) or are considering marriage have the option of entering into an agreement to protect their assets in the event they separate. This agreement can protect not only assets in existence now, but also assets the parties purchase throughout the relationship.

How does a judge assess credibility
Date: Mar 28, 2011

A small minority of family law cases require a decision from the Court, whether it involves parenting or financial issues. Where there is a different version of facts given by each party, one of the tasks of the Judge hearing the case is to make findings of fact. In other words, which version of events does the Judge believe to be the correct version.

Divorce – How to Apply
Date: Aug 22, 2010

FrA divorce in Australia simply ends the marriage formally. To obtain a divorce either spouse, or both jointly, can apply to the Federal Magistrates Court for a divorce order. This will not deal with the parenting arrangements for children, or the division of property, which are dealt with separately and in isolation.

Divorce or Annulment
Date: Aug 22, 2010

Some clients will say to their Family Lawyer, “I don’t want a divorce, I want my marriage annulled”. Usually this has to do with a religious belief. The law does allow for a court to declare a marriage a nullity, although such applications are not common. This is because the grounds to annul a marriage are quite limited.

When a divorce is alleged to have occurred in a foreign country
Date: Aug 22, 2010

In the 2009 case of Taffa v Taffa , the wife made an application for divorce. The husband disputed the application for divorce on the basis that they were divorced in Lebanon on 24 November 1998 by the Jaafarite Canonical Court. The decision of whether the wife's application for divorce could proceed in the Family Court was dependent upon whether the Court recognised the divorce granted in the Lebanon court.

Property of the Marriage: What Assets are Available
Date: Nov 15, 2009

Upon the breakdown of a marriage one of the issues that needs to be addressed is a financial settlement. This involves dividing the assets, liabilities and superannuation of the parties whereby each party is allocated their share of the net assets, with the end result that none of the assets and liabilities are held in joint names.

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