The Road to Resolution: The Timeframe of Separation Before Divorce
In a world where marriage continues to evolve and redefine itself, it’s important to understand the legal nuances that accompany the dissolution of a marriage.
Contact us at Clarity Legal Group to discuss your particular situation with one of our experienced Family Lawyers.
Married or in a De Facto relationship and contemplating separation or other matters, we can help!
Whether you are lesbian, gay, bisexual, transgender or identify in any other way, you have the same legal rights and problems as everyone else.
Whatever your relationship status – single, de facto, married, separated or divorced – we can help you with:
If you would like further information or if you need legal help, please contact Clarity Legal Group for a free 30-minute consultation on 07 5562 0444 or email admin@claritylegalgroup.com.au
A divorce is a Court Order that severs your marriage.
You do not need to prove that a person was at fault, but there are several factors that must be adhered to in order to be eligible for a divorce.
It is important to note that a divorce will not determine issues of financial support, property distribution or arrangements for children. It simply recognises that the marriage has ended.
Once a divorce has been obtained, you have 12 months to finalise a property settlement.
Unfortunately there isn’t much you can do to stop a divorce these days. Fault or no-fault, one party can apply to sever the marriage if they want to.
You can only dispute the divorce where:
You do not need to attend the hearing. If you disagree or object to the facts of the divorce documents, you may file a response to the Court within 28 days of being served with the divorce documents. However, the Court may still decide to grant a Divorce Order despite your objections unless there is a mistake in law.
✘ NO – If there are no children under the age of 18.
✘ NO – if there are children under the age of 18 and you have made a joint application.
✓ YES – if there is a child under the age of 18 and you lodged a sole application, you need to attend.
If it is difficult for you to attend in person, you may ask the Court to appear by telephone.
A divorce order takes effect one month and one day after the divorce is granted.
It is possible for you and your spouse to be separated but to continue living in the same home during the 12 months before applying for divorce. This is known as ‘separation under the one roof’. If this applies to your situation, you need to prove to the Court that you were separated during this time.
You need to have been married for at least 2 years and separated for 12 months before you can apply for a divorce. The time starts from the date of your marriage to the date you file your application. If you have been married less than 2 years, you can still apply for a divorce if you have a counsellor’s certificate to verify that the relationship is irreconcilable.
Clarity Legal Group are always providing comprehensive legal help to the people of the Gold Coast community. If you require further information or legal assistance in relation to your separation or divorce please contact Clarity Legal Group on 07 5562 0444 or email admin@claritylegalgroup.com.au
In a world where marriage continues to evolve and redefine itself, it’s important to understand the legal nuances that accompany the dissolution of a marriage.
As family lawyers, we often get questions about spousal maintenance. Clients who have heard about it from family or friends sometimes have misconceptions about what
From both an emotional and a practical standpoint, getting divorced is seldom easy. It can be especially challenging if you and your spouse are from
A Broker – Gold Coast
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C. Dalton – Gold Coast
A huge thank you to Nicole for the favourable outcome in my Family Court Proceeding. After quite a few hiccups at a different firm, Nicole took over the case and her level of expertise was 2nd to none. I don’t think I would have gotten the same outcome if it hadn’t have been for Nicole. I would highly recommend Nicole for all your family law needs.
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A Grateful Parent
Thank you for guiding us to this outcome, I have admired your personalised professionalism throughout this whole process.
Thank you so much, I cannot tell you how relieved I am. I would like to thank you and everyone that has been involved from Clarity Legal, it’s been a long stressful road and I could not have gotten through this without you all.
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