In Australia, divorce is the process of severing the legal relationship between spouses.
An application for divorce does not determine how your finances will be separated, or your parenting arrangements.
We have a “no-fault” divorce system, which means that neither you or your ex-spouse need to prove that one of you did something wrong in the marriage.
There are some eligibility criteria must be met;
Once you have filed a divorce application, you must “serve” your ex spouse with the application. We have assisted many clients to achieve a divorce in circumstances where their ex has refused to accept service, or has relocated to an unknown location.
Once a divorce order has been made, you only have one year to file your application to the Court for a financial settlement.
If the one-year period has expired, there is a provision for an application for leave to apply out of time, but it is best to avoid having to seek that leave as it may not be granted.
Missing the deadline can mean your application can be refused altogether and not heard. Having to seek leave to apply out of time is risky and expensive.
