Getting a divorce is the formal process of making an application to the court and obtaining an Order to the effect that the marriage is dissolved or, in other words, legally at an end.
Many people are under the impression that “getting a divorce” is a process that also includes finalising the division of matrimonial property as well as finalising the living and care arrangements for any children of the marriage. This is not the case. Finalising the division of matrimonial property or the care arrangements for any children of the marriage is a separate and independent process from that of obtaining a divorce. A divorce can be obtained either before or after such matters are finalised. If you get divorced before you finalise your property settlement then it is important to be aware that you then have only 12 months to apply for the court to determine your property settlement. If you are in this situation we recommend you obtain our advice about how to ensure you don't "run out of time".
There are very few conditions to be satisfied in Australia in order to be eligible to apply to the Court for a Divorce Order, the main one being that you must have been separated and thereafter living “separately and apart” for a continuous period of not less than 12 months.
At KJB we strive to provide a quick, cost effective and no fuss service when it comes to applying to the court for and obtaining a divorce. We charge a set fee for the entire divorce process commencing with our initial meeting with you, drafting the required court documents through to appearing on your behalf at the Divorce Hearing (so you probably won’t even need to be there!).
Lisa Ceraolo E: