Jonson Leo

For most people, divorce represents a line they want to cross. The formal end of a marriage that has already ended in every practical sense. The legal process of getting there is, for most applicants, more straightforward than they expect. What requires more care is everything that needs to be in place before and around the divorce application.

We help clients in Hughesdale approach this process with a clear plan. We map out what needs to be resolved, in what order, and we make sure no deadline catches them off guard.

Separation is where the work begins

The twelve month separation period before a divorce can be applied for is not dead time. It is the period in which property settlements need to be addressed, parenting arrangements need to be worked out, and financial agreements need to be put in place. Treating the separation period as a waiting room for the divorce almost always means important matters get less attention than they deserve.

One consequence of the divorce order itself that people frequently overlook: once it becomes absolute, a twelve month window opens for commencing property proceedings through the court. If that window closes without a claim being made, court permission is required to proceed, and obtaining that permission is not automatic. We plan for this from the very first conversation.

How a divorce application works

A divorce application requires twelve months of continuous separation. Australian divorce is no-fault. The only ground is the irretrievable breakdown of the marriage and twelve months of separation establishes that. In straightforward cases, the process is managed entirely by a lawyer on the client’s behalf and neither party needs to attend court in person.

Where children under eighteen are involved, either a lawyer or one of the parties must attend court and the court will not finalise the divorce until it is satisfied that the children’s arrangements are appropriate. We manage every aspect of this for our Hughesdale clients.

Separated while sharing a home

Separation under the same roof is legally recognised in Australia. Couples who remain in the same home after a relationship has ended, for financial reasons or for the sake of the children, can still satisfy the twelve month requirement. The evidentiary standard is higher and the details matter. We advise clients on what needs to be established and how to document it properly.

Situations that need more careful handling

Some applications involve complications that require experienced legal management:

• Proving separation when both parties remained living together
• Disputes over when the separation legally commenced
• Locating or serving a former spouse who is difficult to contact
• Overseas marriages and the legal questions they raise
• Applications driven by urgency where one party intends to remarry
• Cases where children’s matters require closer examination before the court proceeds
• Contested applications where the other party opposes the divorce

Whatever the complication, addressing it properly from the outset is always preferable to managing a problem that has already developed.

Talk to a divorce lawyer in Hughesdale

A brief initial consultation gives you a clear and specific picture of your process. We make sure you know what to expect and what to prepare for.

Call us on 03 9793 7888 to book a free initial consultation.