Divorce

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DIVORCE

DIVORCE APPLICATIONS

DE FACTO RELATIONSHIPS

What is divorce?

Separation is defined under section 49 of the Family Law Act 1975. It is described as the
end of an intimate partner relationship. This is inclusive of a marriage or de facto
relationship. You can still be deemed separated if you continue residing with your expartner
under the one roof.

When can I get a divorce?

You can apply for a divorce if you have been separated for at least 12 months.

Do I have to get a divorce?

No. However, you must be divorced if you want to marry again. You can make decisions about your children and property without being divorced. If possible, try to make these arrangements soon after separation. If you stay married, it may affect you financially and will also affect your Will if it is not updated.

What if we have children?

The court will require that parties with children under 18 have proper arrangements regarding the child/ren care, welfare, and development. The court may require more information before a divorce is granted.

How does divorce affect my property and assets?

If you have already had a property settlement, getting divorced won’t affect your assets. If you have not had a property settlement but wish to apply for a divorce, keep in mind that a property settlement must take place within 12 months of your divorce becoming final.

How can Northcote Lawyers help?

Dealing with the emotional side of separation and divorce can already be challenging. Northcote Lawyers is committed to making the practical and legal side of the process easier for you. Engaging experienced lawyers means you can be rest assured that all legal procedures are adhered to, and your application is completed as seamlessly as possible.

If you require assistance making a Divorce application or are unsure whether you are eligible for divorce, please contact our office by phone or make a booking online to meet with one of our expert family lawyers, with your initial 30 minutes free.

(03) 9486 1661

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