At McCarthy Durie Lawyers, our experienced family lawyers can assist you with preparing and filing your divorce.
When can you file for Divorce
A party can file for Divorce once they have been separated for 12 months following the irretrievable breakdown of a marriage.
We recommend that seek advice in relation to whether you are eligible to file for Divorce in circumstances where there have been periods of reconciliation, including whether you have been separated under one roof.
Who can file an Application for Divorce
There are two types of Applications which can be filed in the Federal Circuit Court of Australia:
- Sole Application for Divorce; or
- Joint Application for Divorce.
The Application form is the same however, there are different obligations required of you y the Court depending on which Application you file.
- Sole Application – If you file a sole Application you are required to serve the other party with a copy of the Application for Divorce.
You will be required to attend at Court if you have children under the age of 18 years.
- Joint Application – If you and your ex-partner agree to file a Joint Application you will not be required to serve the other party with a copy of the Application.
You do not have to attend at Court if you file a Joint Application unless you otherwise indicate on the Application that you wish to attend at Court.
What if I am unable to serve the Application for Divorce
In some instances, it can be difficult to effect service of Court documents. If this occurs, we can assist you in making the relevant Application to the Court for substituted service or to dispense with service.
How does Divorce impact my property settlement
If the Court has made a Divorce Order in your matter it is important to ensure that you seek legal advice as a matter of priority if you have not resolved property settlement matters.
You have 12 months from the date of a Divorce Order to commence proceedings in relation to property settlement matters if required. If you let the time period lapse, you will be required to make an Application to the Court for leave to proceed out of time. This can be costly and prospects of success will depend on the facts of each case.
