Divorce

Q. If I got married in another country, can I get divorced in Australia?

 

Provided one party to the marriage is an Australian citizen and resides in Australia or if one party to the marriage has been ordinarily resident in Australia for one year immediately preceding the filing of an application for divorce order, you can apply for a divorce in Australia.

Enquiries will need to be made to establish if the divorce granted in Australia will be recognised in the country of marriage. You can contact us to assist you with these enquiries and to obtain a divorce in Australia.

Q. What if my spouse does not live in Australia can I still commence divorce proceedings here?

 

You can institute proceedings in a Court in Australia if one party to the marriage is an Australian citizen and resides in Australia or if one party to the marriage has been ordinarily resident in Australia for one year immediately preceding the filing of an application for divorce order.

Provided one spouse can fulfill the above requirements, even if the other spouse does not live in Australia, divorce proceedings can be instituted in Australia.

Special arrangements are then made for the service of the Divorce papers on the spouse that is outside of the country.

We can assist you in your divorce application in Australia, contact us.

Q. Is it necessary to change my Will now that I am divorced?

 

Whenever there is a material change to your circumstances, such as the birth of a child, marriage, separation or divorce, you should always review your will and if necessary draw up a new will.

There is no need to wait until a divorce order has been granted, you can change your will at any time and as often as you like.

You must ensure that your Will has been properly prepared and signed by the relevant parties and witnesses. We suggest that you contact us about your will and the formalities of executing a will properly.

Q. Do I have to change my superannuation policy/life policy/insurance policy now that I am divorced?

 

Upon separation, you should review all polices, including your superannuation, in particular noting who the beneficiary is of those polices. In many cases the beneficiary of the policy may be your current partner and once your relationship has broken down, you may wish to change the beneficiary to some other person. You should contact your superannuation fund, broker or relevant insurance company to effect these changes.

Q. When does separation occur?

 

Separation usually occurs when one party to a marriage communicates to the other their intention to end the relationship. That communication can take place in a number of ways and whether or not you are or are not separated at a particular date does depend on your individual circumstances. There are many previous cases ranging over a wide variety of facts arguing different dates of separation in different circumstances.

Q. When can I get a divorce?

 

    • You need to be separated for a period of 12 months before you can sign your divorce application and before you can file that application in the Court.
    • That 12 month period can include a period that you have been separated but still living under the one roof.
 

TESTIMONIAL

” Thank you once again for being so prompt and responsive at very short notice and for helping me bring this whole matter to (what should be) a not-too-financially-painful resolution…”
– ANNOYMOUS – GOLD COAST