A Divorce is when you legally end your marriage. The divorce literally dissolves your marriage.
To apply for a divorce, obviously you need to have been married. There are a few circumstances where it is more appropriate to apply for a Decree of Nullity, namely that the marriage is void, but in those circumstances you would need to first obtain legal advice.
If you are applying to the Court for a divorce, you are called the applicant. Your spouse is called the respondent. You may apply for a divorce if at the time that you file (or lodge) at the Court your application, either you or your spouse are:
The application to the Court for a decree (that is an order) dissolving your marriage is based on the ground that the marriage has broken down irretrievably. Australia has a "no fault" jurisdiction and the only ground for divorce is an irretrievable breakdown of the marriage.
To establish that ground, the Court must be satisfied that you and your spouse have separated and lived separately for a continuous period of at least 12 months preceding the date on which you filed your application for divorce. The Court will not make an order for divorce if the Court is satisfied that there is a reasonable likelihood that cohabitation will be resumed.
There needs also to be certain information given to the Court about children of the marriage under the age of 18 years. A child of the marriage means:
Where there are children under the age of 18 years, before the Court can grant your application for divorce, the court must be satisfied that:
If you are considering getting a divorce, please contact our office for assistance.
You can apply for a divorce once you have been separated for at least twelve months. The divorce itself is separate to the family law parenting or property matter.
"My experience with Marsdens Law Group was excellent. My core team, Sandy Naidu, Tom Reeve together with their support team, gave my case the time and attention that was needed to drive an outcome in court. They were calm and confident during very difficult court proceedings. Although I acquired their services through a recommendation, I never once was treated as anything other than a valuable client. I very much appreciate the knowledge and support I received through Marsdens, and will highly recommend them to anyone that needs family law legal services.”
"Choosing Marsden’s Law Group as my family lawyer was a decision I do not regret. From the initial briefing, I was met with understanding and a genuine commitment to helping me achieve the best outcome possible.
Throughout the entire process, Tom and Sandy considered my children’s and my emotional wellbeing with empathy and support. Their consideration, combined with their legal expertise, provided the reassurance needed.
What set Marsden’s Law group apart was their diligence and meticulous attention to detail. Through research and strategizing, all aspects of my case were thoroughly examined and addressed. Their dedication to achieving the best possible outcome for myself and children was evident in every action taken. They made me felt heard, supported, and understood, providing guidance and encouragement in a challenging situation.
Thanks to Tom and Sandy’s expertise, patience, empathy, and diligence I was able to navigate through the legal system with confidence and peace of mind. I highly recommend Marsden’s Law group to anyone in need of a compassionate and committed family lawyer."
"Saw Laura, she was very helpful and explained it all to me in a way I understood. Very happy with them."
"Nevine was prompt and had every detail at hand when it was time to attend court. Nevine gave me honest advice and in NO way did Nevine proceed to make my matter drag on. I am so grateful for this because all the advice I got from people in similar situations was that 'solicitors are only there to make money for themselves.' In my experience this was far from the truth from Nevine & the whole Family Law Team."
