Divorce

As over one third of marriages fail, almost all of us have had experience of a divorce, either in person, or through friends, relatives or workmates. Legally, divorce is the legal ending of a marriage, and in Australia there is only one ground for a divorce, that the parties have lived separately and apart for twelve months.

Applications are heard in the Federal Magistrates Court, and cannot be signed and filed until a full twelve months of seperation has elapsed. The Application has to be served on the other party, and this has to be proved to the court. When it comes before the court, it will usually become final, or “absolute” after a further month. Remarriage is not permitted until the divorce has become absolute. The Court does have the power to shorten the one-month period in appropriate cases, but one should never count on this.

The two major areas of complication around divorce are about what is a separation, and about children under eighteen years old. Separation requires that the parties live separate lives, and where they physically live after separation in different homes there is usually little doubt about the fact of separation.

What if for financial or other reasons they continue to live under the same roof? The law requires more than just having separate bedrooms: eating meals together, going out socially together, watching television together are not the type of behavior which would evidence a real separation, and where a part of the separation has been under one roof, the courts require some corroboration of a real separation. Usually this is by an affidavit from a friend or relative saying that they have been told that the parties have separated, have seen the separate sleeping accommodation, and have not seen them socialising.

If there is a separation under one roof, it is important that the fact that at least one of the parties believes that the marriage is over is communicated to the other.

What happens if a couple decides to give things another go, and get back together, unsuccessfully? Does the twelve-month period of separation have to start again? The Family Law Act allows for one period of reconciliation, of up to three months, and there must still be twelve months separation in total. This provision is obviously designed to encourage attempts at reviving a marriage.

If there are children under eighteen years old involved, details of the arrangements for them have to be provided to the Court. These details include matters such as accommodation, health, education, and contact with parents and child support arrangements. Normally the Court has to be satisfied that appropriate arrangements are in place for children, but there is discretion to grant a divorce anyway in special circumstances.

The process can be quite simple and straightforward, and many people do their own divorce. We at Family Law Expert find that the major hiccups occur with proving service, living seperate and apart with under one-roof separations and where there are problems with children, so if you need any help with a divorce, then talk to Frank Boitano, the Family Law Expert. He has the knowledge and the experience to get you the right result. You can ring Frank on 02 9630 0444, or email him on fjb@bblawyers.com