 | Gold Coast 07 55031123 |
| Brisbane 07 38325999 |
| Rockhampton 07 49237155 |
| Strathpine 07 32059000 |
| Journey is Queensland's leader in less adversarial Family Law Practice |
|
|
|
|
Divorce If you would like us to take the stress and drama out of doing the actual divorce, please contact us and we will do it for from $660 ( if there are no children) plus Court filing fees. Please just ask us and we can do most of it over the phone or by email. If you want to do your Divorce yourself, here is the Federal Magistrates Court link... http://www.fmc.gov.au/forms/html/divorce1.html The only requirement in Australia is that your marriage has irretrievably broken down and that you have been separated for 12 months. This is the actual piece of legislation. If your case is different, for instance you have been living separately under one roof, then ring us or contact us to discuss your circumstances at enquiries@journeyfamilylawyers.com.au. or phone Brisbane on 38325999 or Rockhampton on 07 495237155 or Gold coast 55031123 or Strathpine 07 32059000
Part VI—Divorce and nullity of marriage
(1) An application under this Act for a divorce order in relation to a marriage shall be based on the ground that the marriage has broken down irretrievably. (2) Subject to subsection (3), in a proceeding instituted by such an application, the ground shall be held to have been established, and the divorce order shall be made, if, and only if, the court is satisfied that the parties separated and thereafter lived separately and apart for a continuous period of not less than 12 months immediately preceding the date of the filing of the application for the divorce order. (3) A divorce order shall not be made if the court is satisfied that there is a reasonable likelihood of cohabitation being resumed. (1) 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 only of the parties. (2) The parties to a marriage may be held to have separated and to have lived separately and apart notwithstanding that they have continued to reside in the same residence or that either party has rendered some household services to the other. 50 Effect of resumption of cohabitation (1) For the purposes of proceedings for a divorce order, where, after the parties to the marriage separated, they resumed cohabitation on one occasion but, within a period of 3 months after the resumption of cohabitation, they again separated and thereafter lived separately and apart up to the date of the filing of the application, the periods of living separately and apart before and after the period of cohabitation may be aggregated as if they were one continuous period, but the period of cohabitation shall not be deemed to be part of the period of living separately and apart. (2) For the purposes of subsection (1), a period of cohabitation shall be deemed to have continued during any interruption of the cohabitation that, in the opinion of the court, was not substantial. Many people worry that they have to be divorced before they can have a property settlement, While this was the case before 1983 it is no longer. So you can be separated and not divorced and proceed with property settlement through the courts and also children's matters. Usually, at some stage after 12 months of separation, one party files for the actual dissolution of the marriage , the divorce.
|
|
|
