Since the introduction of the Family Law Act in 1975 there has been only one ground for divorce – irretrievable breakdown of the marriage.
At the time, it was considered to be landmark legislation as it introduced the concept of “no-fault” divorce. A concept that has since been adopted by many jurisdictions around the world.
It is self-evident that it only takes one party to the marriage to decide that there is an irretrievable breakdown and therefore applications for a divorce can be filed by one party only.
A pre-requisite to making an application is that the parties must have been separated for at least 12 months, although, subject to strict guidelines, it is possible to have a “separation under the same roof” so that the divorcing parties can still live in the same residence but are considered separated.
If you have been married for less than two years when you apply for a divorce you must be able to show to the court that there has been mediation in an attempt to avoid divorce.
Applications for divorce are in the jurisdiction of the Federal Circuit Court.
When the Court considers an application for divorce it will look at three main issues:
- Has the marriage broken down irretrievably?
- Have the needs, care, welfare and development of any children of the marriage who are under the age of 18 been adequately addressed?
- If the application is filed by one party only, has the other party been properly served with the requisite documents and within the stipulated time-frame?
In our Divorce Application Module we perform the following tasks:
Attending upon you, either in our office or by teleconference, to provide advice and accept instructions and to confirm that you and your former spouse have been separated for at least 12 months.
If the marriage is of less than 2 years duration, arranging for you to attend compulsory mediation.
Preparing our Costs Agreement and Disclosure as required under the Legal Profession Act and confirming in writing our instructions to act for you.
Preparation of all Court documents including Application for Divorce, Affidavit of Service, Acknowledgement of Service.