DF Family Law

In Australia, the Family Law Act 1975 governs divorce proceedings. This Act states that you must have been living separately and apart for at least 12 months before filing an application for it. You or your former partner can make the application in either the Federal Circuit Court of Australia or the Family Court of Australia, depending on which court has jurisdiction over your particular circumstances.

Before making an application, both parties are encouraging to consider family mediation as an alternative to court proceedings. This involves both parties meeting with a neutral mediator who will work with them to negotiate a settlement that is suitable for both sides.

If married couples cannot reach agreement through family mediation, either party may apply for a Divorce Order from a court. The application must include a Statement of Claim, which outlines why the applicant believes it should be granted. The other party is then required to respond to this statement in writing, admitting or denying each alleged fact.

The court will then consider both parties’ written evidence and testimonies, as well as any additional information they deem necessary. Once they have considered the evidence put forward by each party, the court can decide whether to grant or refuse a divorce eligibility.

If the court approves an application for it, it will provide an order that legally dissolves the marriage. This order takes effect one month after it is issued. Both parties are encouraged to obtain legal advice ahead of obtaining it from the court. Getting legal advice can help ensure that the process is as easy and stress-free as possible.

It’s important to note that it does not settle or make decisions about financial settlement, property division, parenting arrangements or child support – these matters are dealt with separately by the court. The court may also need to decide upon spousal maintenance payments depending on each party’s individual circumstances. It is highly recommended that you seek legal advice for assistance in resolving these matters.

Once all matters have been settled, both parties are required to sign an Acceptance of Service form which confirms they have received a copy of it from either their lawyer or the court. Once this has been done, both parties can proceed with the formalization of their divorce.

If you require assistance with the process, it is recommended that you contact a family lawyer who can provide guidance and advice on how to best proceed. They will be able to help you understand your rights and obligations under the Family Law Act 1975 as well as any other relevant legislation. In addition, they can provide support with matters such as property division, parenting arrangements and child support.

Signing up for an initial consultation with a family law specialist is the first step in beginning your proceedings. With the right legal advice and guidance, you can ensure that the process is carried out to its fullest potential with minimal stress or disruption. It’s important to remember that even though getting it can be a difficult process, it is possible to resolve matters with the assistance of a competent family law specialist.