Divorce / Annulment
Divorce/Annulment
Have you been married before and you’ve both come to the conclusion that you aren’t life long partners? Have you also been separated for over 12 months? If both parties agree, you may apply for a Joint Application for Divorce. However, if the other party does not "agree" to a Divorce, this does not present a problem as you may still apply for a Divorce Order. There are just a few more steps involved. Some divorces are more complicated, for example you may have continued to live together in the same house after separating. In these situations, we are able to prepare the additional documents needed to satisfy the Court requirements and obtain the divorce.
To apply for a divorce, you must be in a position to prove the following:
you are married
you have been separated for at least 12 months
there is no reasonable prospect that you will get back together, and
you or your spouse are Australian residents or citizens, or regard Australia as your permanent home.
The Divorce Order does not resolve children’s’ arrangements or property matters. You need to make those arrangements separately. However, you need to show in a Divorce Application that you have made appropriate arrangements for the welfare of the children. If you are considering a divorce application, come talk to us at Prudentia Legal.
Sometimes, a marriage can also be declared as annulled, if certain key elements of the marriage are missing at the time of the marriage. Sometimes, declaring an annulment may be more beneficial at times depending on your circumstances.
