When your marriage has irretrievably broken down, divorce has probably crossed your mind if you have not yet filed an application for one. Couples getting a divorce can be in stressful situation if one of them opposes the divorce or if they could not agree on the settlement of their property or on the care and support of their children.
Borchard and Moore have dedicated barristers and solicitors to ensure that all efforts will be done in order provide you the best possible legal advice and legal representation in your divorce application.
What is divorce?
Divorce is the legal dissolution of a marriage that has broken down and the hopes for reconciliation between the couple is no longer reasonably possible.
Who can apply for a divorce?
You can either file an application for a divorce either by yourself or by joint application with your spouse.
What are the grounds for divorce?
The Family Law follows a "no-fault" divorce which means the only ground is that the marriage has broken down irretrievably. The cause why the marriage has failed is irrelevant.
When can I apply for a divorce?
You have to prove that the following exist:
you are married
you have been separated from your spouse for at least 12 months prior to the filing of the application of divorce
absence of reasonable prospect of getting back together
you or your spouse are either Australian residents or citizens or regard Australia as your permanent home.
Can I apply for a divorce even if I have just been married for less than two years?
Yes, provided that you and you and your spouse must attend counselling with a court-approved counsellor to discuss the possibility of reconciliation. Thereafter, the counsellor will sign a certificate confirming that the counselling had taken place. In special cases, the requirement to attend counselling may be waived.
Email or call us now on (03) 9546 8155 to get expert legal advice and representation.