DIVORCE

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Divorce matters are rudimentary however we deal with more complex cases such as missing persons, overseas service, divorce where there are periods of cohabitation, disputed divorces, disputed dates of separation and difficult cases requiring affidavits and argument.

DECREE NISI

If you have already separated or if you are looking to separate from your partner then it is not a mere matter of applying for a divorce, which is the formal nullification of the marriage and the subsequent issue of a Decree Nisi. Part VI of the Family Law Act governs divorce proceedings.

If your circumstances involve seeking more than the just obtaining nullification papers, then please be advised that you may need to consider issues relating to property division and distribution and if there are children resolving parenting issues which you can view on this page by clicking on the links.

Your divorce will be dealt with within 42 days of filing and be granted one month and one day after it is approved by the Court.

In relation to divorce proceedings, to secure a Decree Nisi, we offer flat capped fees as an option many clients choose to adopt.

CHECKLIST

  • Have you been separated for more than 12 months?
  • Is the other party likely to dispute the separation date? If so then affidavits will be required.
  • Is the marriage less than two years? Counselling is required as part of the process.
  • Can you obtain a marriage certificate?
  • If born overseas each party’s citizenship papers are required.
  • Can you serve the other party or have you lost contact if not the Federal Rules may apply. Hearing dates generally take a few months.
  • Have you agreed on the property division? After the grant of a divorce you only have 12 months to file an application.
  • Are there children under 18? Have proper arrangements been made for children? The court needs to be satisfied the best possible arrangements are in place.
  • Are you both still living in the same house? Affidavits are required.
  • Cohabitation may break up the 12 month separation period.
  • Are you applying to rescind the divorce due to fraud, perjury or suppression of evidence?
  • Have you updated your will after your divorce?