Our divorce lawyers understand divorce can be stressful and emotional and act accordingly during these difficult times. The team at Parke will ensure your application is prepared thoroughly and accurately and in a timely manner to obtain the divorce as quickly as possible.
In order to apply for a divorce in Melbourne (and throughout Australia), 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.
What type of lawyers handle divorce?
Family lawyers handle divorce, prenuptial agreements, custody battles, and other issues relating to marriage and children. If the couple has children aged under 18, a divorce will only be granted by the court if suitable arrangements have been made for the welfare of those children. 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.
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.