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Separation / Divorce |
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Separation most often entails one (or both) parties moving out of the matrimonial home, but this is not always the case. The Court recognises that parties can separate but for various reasons continue to live in the same house. Under Australian law the only ground for divorce is irretrievable breakdown of a marriage. This is required to be demonstrated by the parties living separately and apart for a period of 12 months. Once parties to a marriage have separated for 1 year and 1 day either party, or both parties together, may apply to the Federal Magistrates Court for a divorce. A divorce order takes effect one month and one day after it is made. Once a divorce order has taken effect parties are free to remarry. When applying for a divorce you should be aware that the Court has to consider the arrangements which have been made for children under the age of 18. Ordinarily, if the Court is not satisfied with these arrangements, it will not grant a divorce. The Court also has specific rules which apply to parties who have been married for less than 2 years and who wish to apply for a divorce. If you wish to discuss separation and divorce or require further information please do not hesitate to call us on (07) 3223 6424. |
  "The Family Law Amendment (Shared Parental Responsibility Act) 2006 & You" - August 2006 |
