Divorce Lawyers | Dettmann Phair Lawyers

Divorce is defined as the irreconcilable breakdown of a marriage between two parties and is a legal process which must be undergone to ensure this dissolution is officially recognised. Unfortunately, the rate of divorce in the western world is not favourable sitting at approximately 52%.

There are many legal proceedings that accompany the divorce process. This includes the split and distribution of assets/property as well as child custody (if relevant). The legal system can be tricky when it comes to these subjects, especially when you are already in an emotionally charged situation.

If you are going ahead with divorce proceedings, it is best to have professional divorce lawyers by your side to guide you through the processes.

Dettmann Phair Lawyers can assist you regarding divorce, asset distribution, property settlement, child custody and any other representation in court.

Do I Need To Provide Proof?

In 1975, Australia introduced a ‘No Fault System’, meaning you do not need to provide proof or a reason for divorce. However, you do need to showcase that the relationship has completely broken down and is not salvageable at all.

Date Of Final Separation

A divorce will only be granted if you can prove that your relationship issues are irreconcilable. This means you must live apart for at least 12 months before you can apply for a divorce.

File Application For Divorce

After you have lived apart for 12 months, you are able to file for divorce. You require certain documents including:

• Divorce Application Form
• Proof of Jurisdiction
• Marriage Certificate
• An affidavit – If you have been living separately but in the same location

After these have been filed, you will receive a date for when the hearing will occur.

Documents Served

The other party must be provided with all relevant documents being submitted to the court which includes the application for divorce, an acknowledgement of service form, an affidavit for eFiling, and other supporting documents.

The applicant for divorce cannot serve these documents to the other party themselves, they must have a legal representative (e.g., a divorce lawyer or process server) serve the documents on their behalf.

Once these documents have been filled out and filed, the application for divorce has been completed.

COURT HEARING

Once the application has been filed, you will receive a date for your court hearing. The people involved must attend the hearing. A party’s legal representative may attend on their behalf if they cannot attend.

Do I Need To Provide Proof?

In 1975, Australia introduced a ‘No Fault System’, meaning you do not need to provide proof of a reason for divorce. However, you do need to prove that the relationship has completely broken down and is not salvageable at all. The court will take into account many other factors when you make application for divorce such as child custody and asset distribution. It is best to have family lawyers with you to guide you through these proceedings and provide advice.

What Are The Steps I Must Take To Get A Divorce?

There are many steps involved for a divorce to be fully granted.

Date Of Final Separation

A divorce will only be granted if you can prove that your relationship issues are irreconcilable. This means you must live apart for at least 12 months before you can make application for a divorce.

Court Hearing

Once the application has been filed, you will receive a date for your court hearing. The people involved must attend the hearing, or their family lawyer may attend on their behalf if they cannot attend.

Divorce Order

Once the application has been filed, you will receive a date for your court hearing. The people involved must attend the hearing. A party’s legal representative may attend on their behalf if they cannot attend.

If all requirements have been met and there has been a separation of 12 or more months, then the divorce will be granted. It will become final one month and one day after it has been granted, and the marriage will then be officially dissolved.

The steps above can be complicated and overwhelming. Therefore, it is best to have our family lawyers with you by your side, every step of the way. At Dettmann Phair Lawyers, our team have been assisting people with divorces since 2001 and understand the precarious and emotionally charged circumstances that surround divorce proceedings.

We will be by your side the entire time.

Contact us now a consultation