Choosing the right family and divorce lawyers in Adelaide to help with your divorce is an important decision. You will need a lawyer that has the right expertise and experience and is someone that you can comfortably work with during this stressful time.
Timing is crucial. Getting advice in the early stages enables you to know what your rights and obligations are before making decisions for yourself and your family moving forward.
In Australia, our legal system follows a no-fault approach to divorce. The consequence is that when a divorce is being considered by the Court, it does not take into account the reasons behind the marriage's dissolution. The sole basis for divorce is the irretrievable breakdown of the marriage, with no plausible possibility of reconciliation between the parties involved.
You can apply for a divorce in Australia if either you or your former spouse:
The process to obtain a divorce will often vary depending on the individual circumstances of the parties and it is for this reason it is important to seek some preliminary legal advice early on.
While parties are often eager to move on with their lives and want to ‘get the divorce over and done with’, for some people this will simply not be in their best interest.
The first thing that you will have to do to apply for a divorce is to first satisfy the court that you have a valid marriage. This is typically done by providing the Court with a copy of the marriage certificate. If your marriage certificate is in a language other than English, you will also need to file a sworn translation of that certificate.
If for some reason there is no marriage certificate available, the court may require you to provide some alternate evidence of the marriage prior to granting a divorce.
In today’s climate a lot of couples separate but remain living under the same roof for a period of time. This will not preclude them from obtaining a divorce once they have been separated for 12 months, however they will need to prove to the Court that you were living separately during this time.
If there are children of your relationship who are under 18 years of age, you will also need to satisfy the Court that adequate arrangements have been made for the children.
Once the court is satisfied that all criteria for the divorce have been met, your application for divorce will be granted. Divorce will then become final one month and one day from the date of that hearing.
It is important to note that obtaining a divorce is separate from property settlement and parenting matters. You do not have to wait until you are divorced to commence negotiations about property settlement or the future care arrangements for your children.
At Williams Barristers and Solicitors our family law solicitors have a great deal of skills and expertise across all matters related to divorce law in Australia. They will ensure that you remain in control but with all of the advice and direction needed to achieve the best outcome for you and your family. Our solicitors will be available when needed and there to take on any difficult negotiations or technical processes necessary to ensure that you can focus on you and your family’s needs at this time.