We understand how stressful it can be to go through a breakdown of relationship. You need strong, flexible guidance and support to help you navigate the road ahead.
Ryan & Seton Lawyers are specialists in family law, who will guide you through every step of the process and make sure your rights are protected. We have years of experience helping people through the divorce process. We’ll work hard to get you the best possible outcome.
The Divorce Process
With the introduction of ‘no-fault’ divorce when the Family Law Act was enacted in 1975, the process of applying for divorce has been simplified. However, if proper care isn’t taken when completing this process, legal consequences can impact everyone involved.
With Ryan & Seton divorce lawyers, we help you with all family law requirements to ensure your divorce goes as smoothly as possible. Our divorce solicitors are also experienced in dealing with family law matters in Court, so if separation cannot be handled amicably, you can rely on Ryan & Seton to provide expert legal representation.
Requirements For Divorce
In order for your application for divorce to be accepted, you must prove to the Federal Circuit Court that you and your spouse have lived seperately for at least 12 months, and that there is no reasonable likelihood of you both getting back together.
Once this is achieved, divorce will likely be approved.
If you have children or property, you’ll also have to make arrangements between you and your former partner, either before or after your divorce.
De Facto Separation
Under Australian family law, separating de facto couples are treated the same as splitting married couples. The important difference is that it’s necessary to prove to a Court that your relationship can be classified as De Facto.
For more information, view our article discussing De Facto separation rights
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When Preparing To Separate You Need To Consider:
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Living apart doesn’t require living in different houses. You can still prove separation despite living under the same roof.
If you have children under the age of 18, you must satisfy the Court that proper arrangements have been made for your children.
After the 12 months separation period has been completed, finalising the divorce usually takes around 3 to 6 months.
The divorce process may take longer depending on children, property, assets, and other factors.
For couples married less than 24 months, seeking a divorce is actually slightly more complicated.
Before filing your application for divorce with the Court, you first need to attempt counselling. If that counselling is unsuccessful and you still wish to proceed with the divorce, the counsellor will provide a counselling certificate that is filed with your application to confirm you have satisfied this requirement.
Once the divorce order is made final, divorcees can legally marry again. The divorce order is made final and effective one month after the divorce order is made
You can revert to using your maiden name at any time. You don’t have to divorce someone for the right to use your maiden name.
It depends on a few factors. Most divorce cases don’t require Court appearances, however there are a few reasons that may require you and your spouse to attend a hearing.
Whilst this does complicate the situation, it’s still possible to successfully divorce your spouse.
You’ll have to apply for a sole divorce, and once this is submitted, the divorce process is the same as regular divorces.