Divorce
We understand that the breakdown of your marriage can be a devastating experience. The lawyers at Lincoln Chambers will help guide you through this difficult time with compassion, understanding, and expertise.
In Australia, you do not need to show that your spouse is at fault for the breakdown of the marriage. The only thing you need to show is that your marriage has ‘broken down irretrievably’. You must demonstrate that:
- At least one of you is a citizen or lawful resident of Australia; and
- Your marriage has broken down and there is no reasonable likelihood of getting back together; and
- You have been separated for at least 12 months and one day.
If you are eligible to get divorced, the first thing the Family Court will do is grant an order called a ‘decree nisi’. You will then have one month to decide whether you really want to go through with the divorce. If you have made proper arrangements for any children of the marriage, this will automatically become absolute (final) one month later. Once this occurs, you have one year in which to reach a property settlement.
Some other considerations include whether the marriage has been for less than two years and if you have ‘separated under one roof’. We will advise you on the practicalities and help you connect with any counselling services you may require.