Irretrievable breakdown of marriage is the only legal reason for divorce in Australia. The Court is not interested in reasons; all you need to show is that you have lived apart for at least a year (separation) before filing for divorce.
As the process of divorce can be a complex and confusing time for many individuals, it’s important to align with an experienced divorce, separation or child custody lawyer to help you through the process. Visit the Perth team at Rattigan & Associates to find out everything you need to know following the breakdown of a marriage.
The requirements for obtaining a divorce in Australia are as follows:
- Marriage – You must first satisfy the Court that you have a valid marriage.
A marriage certificate, with a sworn translation into English, if necessary, will suffice. If you do not have a copy of a marriage certificate or require translation, we can arrange that for you. If no marriage certificate is available, the Court may require you to give some alternate evidence of the marriage prior to granting a divorce
- Jurisdiction – The Court only has power to grant a divorce if either party has one of the following attributes:
- Regards Australia as home
- Intends to live in Australia indefinitely
- Has lived his or her whole life in Australia
- Is an Australian citizen; or
- Ordinarily lives in Australia and has lived in Australia for the 12 months prior to the making of the application for divorce.
What is Considered ′Separation′ in Divorce Law
The Court must be satisfied that the relationship has broken down irretrievably. A period of separation of 12 months immediately before filing the application satisfies the Court of this fact.
However, separation can be complicated – for example, it is possible to ‘live apart’ under the roof of the same house. A couple may be separated and still live together provided they satisfy the Court that they are not living as husband and wife.
If a couple reconcile during the period of separation, the separation period does not have to start again provided any reconciliation or reconciliations do not total more than three months – those three months do not count as part of the period of 12 months of separation.
At Rattigan & Associates, our team of experienced divorce lawyers will make sure you have the right evidence of separation and meet all the requirements necessary before filing for divorce.
Separation, Families, Divorce
Appropriate arrangements for any children must be in place before the Court will grant a divorce in Australia. Those arrangements do not have to be formal, but at the time of the divorce hearing the Court must be satisfied that the children are being appropriately cared and provided for.
Whether you’re in need of divorce, separation or child custody lawyers in Perth, Rattigan & Associates can provide legal assistance. Get in contact with us today on (08) 6467 7179 and let us help you through this difficult process.