How to get a divorce in Australia?

Family Law at AHL Legal

Here at AHL Legal, we understand that the end of a relationship can be an emotional and traumatic time for you. We guarantee that we will do everything in our power to provide you with all the relevant legal information and advice during this difficult time. In relation to your divorce or separation, you may like to consider the following:

1.       Have you been separated for more than 12 months?

In order to file for a divorce in Australia, the Court must be satisfied that the marriage has broken down irretrievably. This can be done by proving that you and your spouse have been separated for at least 12 months and there is no likelihood of the relationship being repaired. The parties to a marriage may be held to have separated notwithstanding that the cohabitation was brought to an end by the action or conduct of one of the parties.

In the eyes of the Court, separation is closely related to the intention to sever the matrimonial relationship, as well as action upon this intention and communication of this intention to the spouse. Physical separation is not necessary – you may still be considered to have separated from your spouse even if you remain living under the same roof.

If you are unsure about the status of your separation, please contact our office and arrange a meeting with our family law specialists to discuss the details of your situation.

2.       Have you been married for less than two years?

If you have been married for less than two years, you are required to try marriage counselling before resulting to a divorce. The Court may allow you to file your divorce application without attending counselling under certain circumstances subject to an affidavit. For example, if you have experienced domestic violence or cannot find your spouse. On these occasions, you may still divorce when you and your spouse are living together, as long as the court is satisfied that you have separated. 

3.       What about de facto relationships?

If you are in a de facto relationship and would like to separate from your partner, the circumstances may be relatively more difficult. Indication that your relationship has terminated and that you are no longer living together will not be sufficient to show that the relationship has broken down. The termination of the relationship must have a permanence about it rather than a temporary suspension. This may difficult to prove under certain circumstances. Please contact our office to discuss your arrangements and entitlements under your relationship.

4.       What about child support?

Once you have agreed to separate, the Court will balance the rights of parents to separate and the need to ensure that the best environment will be arranged for the children. The factors that the Court will take into account in deciding custody and child support arrangements are dependent on a variety of circumstances. Please contact our office to discuss the details of your situation and your anticipated arrangements.  

Family Law at Austin Haworth & Lexon Legal (AHL Legal)

Austin Haworth & Lexon Legal (AHL Legal) is a firm that has achieved a lot of leading precedents and has experience assisting clients with family matters throughout all jurisdictions in Australia. Family law is amongst the most established areas of legal service provided by Austin Haworth & Lexon Legal (AHL Legal). In addition to family law, our lawyers are also happy to assist our clients with corporate law, commercial disputes, criminal law, migration law and litigation, as well as providing personalised legal advice based on their best interests. Please contact our office should you require any legal assistance.