Legal Issues in Divorce and Separation
When it comes to legal matters we recommend that you contact Velos & Velos Lawyers as soon as possible, allowing us to provide you with legal advice so that you can understand your legal, financial and personal circumstances. We will put you in a position to deal with the upcoming changes in the most beneficial way possible.
In order to file an Application for Divorce, you will need to show that you have been separated for a total period of 12 months. You can have reconciled and separated again in the past, but the total period of continual separation must not less than 12 months.
It is possible to be separated while living in the same house.
The Family Law Act 1975 establishes the principle of No Fault Divorce, so the reasons why a marriage has ended are not considered by the Court. Usually, the only grounds required for a Divorce is that the marriage has broken down such that there is no reasonable likelihood of the parties reconciling and entering their relationship again.
Applying for a Divorce in Australia
You are eligible for a Divorce in Australia if either you or your Spouse:
- Regard Australia as your home
- Are an Australian Citizen by birth, descent or grant of Australian Citizenship
- Ordinarily live in Australia and have done so for 12 months immediately before filing for Divorce
You will need to prove to the Court that you and your spouse have lived separately and apart for at least 12 months and that there is no reasonable likelihood of reconciliation.