Expert Legal Advice from Divorce Lawyers in Parramatta
What are the grounds for divorce?
Under the Family Law Act there is only one ground for divorce, that being that the marriage has broken down beyond repair. This is established by separation of no less than 12 months. If there was a brief reconciliation (of no more than three months) then the Court can calculate the period of separation before and after reconciliation as one continuous period.
Does it make any difference who applies for the divorce and how do you go about making an application for divorce?
To formally end your marriage, you need to apply for a divorce. You can apply for a divorce on your own or you can make a joint application with your spouse. When you apply for a divorce you need to show that: you were married (a photocopy of your Marriage Certificate is required); you separated at least 12 months ago; and there is no likelihood of you and your spouse reconciling. The Court can consider your application for divorce if either you or your spouse: is ordinarily resident in Australia; or is an Australian citizen; or regards Australia as their permanent home.
What if there are children under the age of 18 involved?
If you and your spouse have a child or children under the age of 18 years, or if there are children under the age of 18 who were ordinarily members of your household, then your application for divorce must include information about the arrangements for the care, welfare and development of these children. The Court must either declare that it is satisfied that proper arrangements have been made for the children, or alternatively that there are reasons why the divorce should be granted even though the Court is not satisfied that proper arrangements have been made. In some cases, the Court will delay a divorce until problems relating to the care of the children are rectified. Refer to our Plain English Guide regarding Parenting Issues for more information in this regard.
If you are looking for a divorce lawyer in Sydney, or for further information in relation to a divorce, please do not hesitate in contacting any member of our Family Law Team.