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At McCarthy Durie Lawyers, our experienced family lawyers can assist you with preparing and filing your 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.
There are two types of Applications which can be filed in the Federal Circuit Court of Australia:
The Application form is the same however, there are different obligations required of you y the Court depending on which Application you file.
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.
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.