In order to apply for a divorce, you must satisfy the court that you and your spouse have lived separately and apart for at least 12 months and that there is no reasonable likelihood of you resuming married life. It is possible to live together at the same residence and still be separated. Applications for divorce are dealt with by the Federal Circuit Court of Australia. The family lawyers at Parke Lawyers can assist with your application for divorce – whether a joint application with your spouse or a sole application by you.
Our divorce lawyers understand divorce can be stressful and emotional and they will ensure the application is prepared thoroughly and accurately and in a timely manner to obtain the divorce as quickly as possible.
Declaration of Nullity
A declaration of nullity is a finding by the court that there was no legal marriage, even though a marriage ceremony may have taken place. The Family Court of Australia may declare a marriage invalid where one or both of the parties were:
- already married at the time
- under-age and did not have the necessary approvals
- forced into the marriage under duress
Marriages Under Two Years
If you have been married less than two years, you and your spouse will need to attend counselling with a family counsellor to discuss the possibility of a reconciliation and then file a counselling certificate. Family Relationships Online may assist you to find a counsellor.
Attendance at court
Attendance at court is only required if you have filed a sole application for divorce and there is a child of the marriage aged under 18 years at the time of filing or where you have indicated you wish to attend.