If an irretrievable breakdown of your marriage has occurred and you and your former spouse have been living apart for at least twelve months, noting that you can be deemed to be living apart under the same roof, you can apply to the Court for a divorce to be granted.
The Court will grant a divorce provided that the Court is satisfied that there has been a total breakdown of your marriage and reconciliation is not possible.
Our experienced family lawyers can assist you in preparing and filing the necessary documents with the Court when applying for a divorce.
We can also assist in settling property matters which have been brought into your marriage or acquired during the course of your marriage or after separation. An application for a property settlement can be made immediately after separation and it is not necessary to wait until divorce.
Property comprises of all assets such as houses, land, shares, savings, furniture, motor vehicles, insurances policies and superannuation and the Court is permitted to make any Order which it considers appropriate, varying your interests and your spouse’s interests in any property owner by either or both of you.
The Court takes into account various factors when deciding on an Order such as:-
– The fairness and equity of the proposed division of assets
– Any financial contributions, whether they be direct or indirect, made directly by you or your spouse to the purchase, maintenance or improvement of an asset
– Any contribution made by you or your spouse to the welfare of your family