Divorce

At Phillips Green & Associates, we are here to help. We understand that divorce can be a stressful time, so we will undertake all steps to your divorce to ensure that you do not have to worry about it.

When applying for a divorce, the Court does not take account the causes of marriage breakdown. It only requires that the marriage has broken down irretrievably. If you are married and you have been separated for at least twelve months, you can apply to the Court for a divorce.

It is important you are aware of the requirements to proceed with a Divorce Application. This is not an exhaustive list, however it includes: 

  • Married couples cannot apply for a divorce until they have been separated for a period of 12 months;
  • If you have been married for a period of less than two years, you will normally require a counselling certificate before applying to the Court for a divorce;
  • If you have been separated and currently are/were living under the same roof as your spouse, you will be required to fulfill additional criteria;
  • If there are children under the age of 18, the Court must be satisfied that proper arrangements are in place for the care and welfare of the children.

Separation under one roof may be accepted by the Courts as part of the two year requirement, however they will consider a range of factors such as:

  • Whether or not the parties slept in the same room or separate rooms after the date of separation;
  • Whether or not the parties declared to Centrelink or other government benefit departments of single person status after separation;
  • Whether or not it was publicly known to friends and family that the parties had separated;
  • Whether or not either party performed domestic duties such as cooking for each other after the separation;
  • Whether or not the parties continued to have an intimate relationship after separation; and

Whether or not the parties separated their financial affairs after the separation.

Phillips Green & Associates will arrange service of documents and appear in Court on your behalf to ensure that you do not need to attend. We will also identify whether you are eligible for a reduced filing fee when filing your Divorce Application.

Once the criteria has been met, the divorce will be finalised one month after the divorce was granted.

Contact our professional team and let us resolve your matter.

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