We regularly assist clients making applications for divorce, or responding to applications for divorce. We also deal with clients seeking to annul their marriage and advise about the best way to approach these issues, keeping in mind the consequences of a nullity, a divorce, and impact this may have in relation to migration issues you may face.
The divorce process in Australia is on its face simple, but can present some complexities that make it confusing. Twelve months of separation are required to obtain a divorce, but you cannot sign your application until those twelve months have passed. You may find that your spouse does not agree on a date of separation, and there may be issues about your entitlement to have a divorce in Australia. International marriages can usually be divorced in Australia, but it is worthwhile seeking advice for your particular circumstances.
A challenging part of a divorce can often be finding your spouse and proving to a Court that documents have been sent to them – we have considerable expertise in assisting to locate people domestically or internationally, or satisfying a Court that the person knows about your divorce application.
Keep in mind also that property settlement and maintenance are separate matters where we can assist you both before and after your divorce.
Contact our experts now to discuss your situation and how we can help you.
Topics We’ve Written About
Service of Court Papers – The Ordinary and the Extraordinary
Recently, director and actor Olivia Wilde was handed an envelope while on stage when she was attending a trade show in the United States of America. As it turned out, the envelope apparently contained Court documents from her ex-partner regarding a parenting matter....
Separation and Divorce – Top Tips (Part 6)
“If you are moving out of the family home due to separation ensure you take copies of photos and personal identification documents (such as passports, birth certificates and citizenship/visa documents) with you so as to avoid them getting lost or held hostage by your...
Separation and Divorce – Top Tips (Part 5)
“Do not publish any details about Family Law proceedings. It is a criminal offence to publish the names of parties and children involved in Court proceedings or make any reference to court officials, Judges, Lawyers or experts involved in the proceedings.” “Avoid...
Federal Circuit Court and Family Court legislative ‘bungle’ – What does this mean for you?
In September 2021, after years of consideration and advise, the Federal Circuit Court and Family Court were merged together. As with any large ‘merger’ there have been various teething issues identified by both Lawyers and Litigants in the past six months. Most...
Pre-nup it in the bud – protect the wealth you and your family have worked so hard to achieve
Pre-nups, more formally called Binding Financial Agreements (“BFAs”) or sometimes called FBAs, are legal documents in Australia made under the Family Law Act 1975 (Cth) which are designed to exclude the operation of some or all of the family law. That is, you and your...
Separation and Divorce – Top Tips (Part 4)
“If you are recently separated and in the midst of negotiating a property settlement avoid purchasing any property, business, shares or expensive possessions until after your property matters are resolved as these assets will likely be included in your joint asset...
Nevett Ford Melbourne Pty Ltd
ABN: 144 697 790
Level 16, South Tower, Rialto Building, 525 Collins Street
Melbourne, VIC 3000