Divorce

Under Australian Law one party can decide to end a marriage. Providing you have been separated from your spouse for a period of not less than 12 months and you swear or affirm the marriage has irretrievably broken down a Divorce Order will be made (if the grounds for the application are proved.)

After separation Maddens Lawyers encourage you to participate in either:

  • Reconciliation counselling may help you understand more about your feelings and help you decide whether to stay together or not.

  • Separation counselling or mediation may help you to sort out any problems you have about settling your arrangements if you decide to separate.


If you decide the marriage is irreconcilable, or at any stage in the process, we are pleased to provide Legal advice to help you understand the law relating to family disputes and help you understand your legal rights and responsibilities.

The family law team at Maddens Lawyers will assist drafting and filing an application for divorce in the Federal Magistrates' Court. The Family Law Act 1975 established the principle of no-fault divorce in Australian law. This means that the Court does not consider why the marriage ended. The only grounds for divorce is that the marriage has broken down irretrievably.

Providing you have been separated from your spouse for a minimum of 12 months we can draft and file your Application for Divorce in the Federal Magistrates Court. (In certain circumstances it is possible to be separated and remain 'under the one roof.)

We must 'serve' the copy of the application and an information brochure on your spouse. This must be:

  • at least 28 days before the hearing if your husband or wife is in Australia

  • at least 42 days before the hearing date if your husband or wife is overseas

 

Hearing Date

If you have children under the age of eighteen a court will only grant a divorce if satisfactory arrangements have been made for them. At the hearing, if satisfied with the application, an order called a 'decree nisi' is made. After 1 month and 1 day, this decree automatically becomes final - known as 'Decree Absolute' and the contract of marriage is dissolved.

It is important to note that proceedings for settlement of matrimonial property and spousal maintenance must be commenced at any time up to one year after the divorce becomes final and, if they are not, the leave of the court will be required to do so.

 

How can we help you?

Freecall 1800 815 228