We will provide your completed divorce application and Divorce eGuide by email within minutes. Once you have signed and lodged your documents with the Court, the Court will set a hearing date to decide your application. Depending on how busy the Court Registry is, this may be around 8 – 12 weeks from the date […]
READ MORECan my ex-partner stop me from divorcing them?
Generally, no. The other party cannot stop you from getting a divorce just because they don’t want one. There are only very limited circumstances in which the other party could prevent you from obtaining a divorce order.
READ MOREWhat about property settlement and children?
A divorce is a separate legal process to formalising your property settlement or putting arrangements in place for the children. You do not have to wait for your divorce before attending to property settlement or parenting arrangements. However, if you have children under 18 you must satisfy the Court in your divorce application that proper […]
READ MOREWhat if I was born or married overseas?
You can still get divorced in Australia, even if you were born or married overseas. As long as one of the parties is an Australian resident or citizen, or considers Australia their permanent home. You will need to provide certified documents in support of this. If your marriage certificate is not in English, you will […]
READ MOREWhat does ‘no fault’ divorce mean?
In Australia, we have a ‘no fault’ system of divorce. This means it is not relevant in the eyes of the Court if one or both parties was at fault or responsible for the breakdown of the marriage. You only need to establish that the relationship has broken down irretrievably and that you have been […]
READ MOREDo I have to hire a lawyer?
No. You do not have to have a lawyer to get a divorce.
READ MOREHow soon can I remarry?
You are free to remarry any time after your divorce becomes final (one month and one day after the divorce order is made by the Court). It is an offence to remarry before your divorce is finalised and the second marriage will not be recognised at law.
READ MOREDoes divorce affect my Will?
Yes. You will need to execute a new Will when you are planning to get divorced. Any provisions in your old Will which involve your spouse will be invalidated by the divorce. You should also update your superannuation nominations to reflect your current wishes.
READ MOREDo I have to ‘serve’ my divorce application, and what is ‘service’ anyway?
Service is the legal term for the process of delivering Court documents (such as your divorce application) to the other party, after the documents have been lodged with the Court. If you are filing a Joint Application, you do not need to serve the other party. If you are filing a Sole Application, you must […]
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