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How do I get a divorce?

How do I get a divorce?

Thursday 2nd of May 2013

Thank you again for your help and professionalism.

Under the Family Law Act, the only ground for divorce is that the marriage has broken down irretrievably and there is no likelihood of co-habitation being resumed. 

In order to establish this, the parties must satisfy the Court that they have been separated for a total period of not less than 12 months.  It is possible for parties to be separated under one roof, however in order to apply for divorce in these circumstances you will be required to provide the court with evidence of your separation.

It is a common misconception that both parties are required to sign the Application for Divorce. This is not the case and an Application can be made either jointly, or by either party to the marriage on their own.

In the event the Application is made by only one party, there are strict requirements about the service of documents on the other party.

If the parties’ want to obtain a divorce but have been married for less than 2 years then they must attend counselling with a family counsellor or a court appointed organisation to consider reconciliation prior to filing an application.

If you need assistance in obtaining a divorce, contact Coote Family Lawyers to make an appointment with a solicitor today.


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