A Divorce may be granted by the Federal Magistrates Court in the circumstances that an application has been made and you have been:
- Separated from your spouse for over 12 months prior to filing your application.
- The Court has jurisdiction to grant your divorce
- There are appropriate arrangements for any children under the age of 18.
- You have attended counselling if you have been married for less than 2 years from when you make your application.
Please make an appointment with one of our Family Lawyers to obtain advice and assistance in making an Application for Divorce.
Making an Application can be complex as there may be difficulties in finding the current location of your former spouse or serving the documents on your former spouse in accordance with the rules of the Court.
From the date that your Divorce is finalised you only have a period of 12 months to make an application to the Family Court or Federal Circuit Court seeking a property settlement. If you also require assistance with a property settlement, please contact us now.