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Family law - divorce
(07) 3180 0106
Brisbane Family Lawyers, Divorce Lawyer, Child Custody, Parenting Rights in Brisbane, Division of Property, Binding Financial Agreement Lawyer Brisbane, Brisbane City Lawyer, Family Law Brisbane, Legal solution to Family Law Dispute in Brisbane, Legal Services Brisbane.
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DIVORCE
Divorce proceedings do not address property settlement, maintenance or parenting arrangements, a divorce order terminates the legal relationship of marriage between you and your former partner. It does not address any property settlement, maintenance or care arrangements of any children of your marriage. These are regarded as separate issues by the family court.
In Australia, there is one ground for divorce – that the marriage has broken down irretrievably. The consent of the other party is not required.
This means either you or your former partner (separately or jointly) can file an application for divorce once you have lived separately and apart for a period of at least 12 months and there is no reasonable likelihood of a reconciliation.
There is an additional requirement that at the time the application was filed one or both of you were an Australian citizen, domiciled in Australia or ordinarily resident in Australia and were resident for at least one year prior to that date.
The requisite 12 month period may include any periods of time where you remained living under the same roof after the first separation date. You must make an affidavit explaining the living arrangements under the same roof and provide corroborating affidavits from at least one independent witness. If you do not wish to make an affidavit, then you should file your application for divorce at least 12 months after you stopped living under the same roof.
If you and your former partner are religiously observant you may also be required by your religious denomination to obtain a religious divorce before your marriage is regarded at an end in the eyes of your religious community. This is not a legal matter. If you have any queries about this you should consult a senior member of your religious order for further information.
Additionally it should be noted that once divorce is finalised there are strict timeframes which must be observed. Failing to do so might have an adverse consequence to property settlement matters.
Please do not hesitate to contact our divorce lawyers if you wish to discuss your matter generally.
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