Blog, Family Law, Legal
Divorce
Mana Ghadirian-Marnani
January 14, 2022
A divorce constitutes the end of a marriage.
What is required to get a divorce?
– A valid marriage.
– An irretrievable breakdown of the relationship.
– Separation of at least 12 months. “Separation under one roof” can also be considered.
– Federal Circuit and Family Court of Australia has jurisdiction to hear the matter; ie either party is an Australian citizen, permanent resident or has been living in Australia for at least 12 months before applying.
– If you have children under 18 – proper arrangements must be in place.
Separation?
Separation is considered from the day you or your partner decide the marriage is finished, and tell or communicate this to the other person.
You may get back together for up to 3 months without “re-starting” the 12-month separation. The time spent together does not constitute a part of that 12-month separation however.
It is important to note that you can still receive a divorce if you are living in the same house as your separated spouse for financial or other reasons. However, you need to prove that you both have been living separate, independent lives – this generally requires 2 affidavits, one from you and from a friend or family member who can vouch for this. Your children, if over 18, can make this affidavit.
Short marriage period?
If you have been married for less than 2 years, then you will need to see a family counsellor for reconciliation purposes.
If your partner is violent or you are afraid of them, you should make this evident to the counsellor.
Sources:
Part VI of the Family Law Act 1975 (Cth) Accessible here
https://www.legislation.gov.au/Details/C2021C00520
https://www.fcfcoa.gov.au/fl/divorce/divorce-overview
This short article does not constitute legal advice and should not be relied as such. For more information, get in contact with us today.
Tags :
divorce, Familylaw, federalcircuitandfamilycourtofaustralia, litigation
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Mana Ghadirian-Marnani
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Business Law
Litigation and Dispute Resolution
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Family Law
