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Kalpaxis Legal are a team of experienced Divorce and Family Lawyers.
Are you considering getting a divorce?
It’s as simple as 1, 2, 3. Read below for the requirements to get your Divorce started today.
Requirements before filing a Divorce application:
- Either spouse has Australian citizenship or domicile or ordinarily resident of Australia for the past year;
- Separation for a period of at least 12 months;
- Irretrievable breakdown of the marriage.
What if we have been living under the same roof?
We understand that due to the current COVID-19 situation, you may be living under the same roof with the party you wish to be divorced from. Separation does not actually mean being physically separated. Separation can occur from the action or conduct of one of the parties. Separation takes into account the breakdown of the marital relationship. Different factors are taken into account when determining separation. Please be aware that separation whilst living under the same roof may require more time spent to prepare the evidence by Affidavit to prove so.
If you have resumed cohabitation, if the period is less than 3 months or any other period the Court considers “non substantial”, the tie before and after this period may be added in calculating the total period of separation (s 50). The cohabitation must be made by agreement.
How long do I need to be married for?
A divorce application can only be filed after two years from the date of marriage. Only if special circumstances are present, the Court may take into account time shorter than this. If this sounds like your situation please get in touch with us to get bespoke advice about this.
How long does it take for a divorce order to take effect?
A divorce order takes effect one month after it is made. Once a Certificate of Divorce is issued, you are free to remarry. Please note for a divorce order to take effect, the Court must be satisfied that there are proper arrangements of the children of the marriage, if there are any under the age of 18, for their care, welfare and development
Important to note – Divorce and Wills
It’s important to note that a divorce can have an effect on your will.
Divorce revokes a gift of property or appointment of trusteeship made in a will in favour of a spouse, in the absence of a contrary intention being made. If you’d like to update your will or create one, we highly encourage you to get in touch with us immediately if you are going through a Divorce application or considering filing one. We are also experienced Wills & Estates Lawyers and can provide expert advice on ensuring your intentions are made clear.
Kalpaxis Legal wants to reassure its clients that even in times where you don’t know what to do next, we are readily available to assist you in your family law matter.
If you would like to discuss your family law matter, please contact us here or give us a call on (02) 8631 8593.[/vc_column_text][vc_empty_space][/vc_column][/vc_row][vc_row css_animation=”” row_type=”row” use_row_as_full_screen_section=”no” type=”full_width” angled_section=”no” text_align=”left” background_image_as_pattern=”without_pattern”][vc_column width=”1/2″][qode_elements_holder number_of_columns=”one_column”][qode_elements_holder_item advanced_animations=”no”][vc_single_image image=”9974″ style=”vc_box_circle_2″ onclick=”custom_link” qode_css_animation=”element_from_fade” link=”/meet-the-family/”][/qode_elements_holder_item][qode_elements_holder_item advanced_animations=”no”][vc_column_text]
By Stefano Cammarano
Collaborative Family Lawyer
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