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Divorce refers to the formal Order by the Court ending the marital relationship between a husband and wife.

Married couples must apply to the Federal Magistrates Court for a divorce to be granted.

In order for a divorce to be granted you must prove the following to the Court:

That you are legally married by providing a marriage certificate in support of the divorce application

  • That you have been separated from your partner for at least 12 monthsThat there are no reasonable prospects of reconciliation.
  • That either you or your spouse are Australian residents or citizens, or regard Australia as your permanent home.

A divorce hearing is a straightforward affair and, in circumstances where there are no children of the marriage, you are not required to attend the hearing provided all the abovementioned matters are proven.

If however, there are children under 18 then the applicant to the divorce application is required to appear at Court. If it is apparent there are difficulties regarding the care arrangements for any child under the age of 18 years then a divorce may not be granted until those difficulties are resolved.

Therefore, it is important that if you are served with a divorce application you ensure that the care arrangements for the children noted on the application reflects the current arrangement and that you are in agreement with them.

For any questions regarding divorce it is always best to speak to an experienced divorce lawyer.

At East Coast Family Lawyers We ALWAYS return your Call 02 4322 0251