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If both parties are agreeable to seeking a divorce, we can assist you to make a Joint Divorce Application together. In a joint divorce, both parties sign off on the application together.
You will not typically be required to attend Court for your joint divorce application. It is worth noting that if you want to obtain a formal property settlement, then you will need to do this within 12 months of the divorce order taking effect.
If you and your ex-partner are able to agree on how to divide your assets and how to care for the children, you may be able to finalise your agreement without needing to attend Court.
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DG Family Law will assist you to finalise your joint divorce application online without delay, hidden costs or complicated language. You can rest assured that we have dealt with many complicated and difficult divorce matters, including parties evading service of divorce applications and issues related to people who married in overseas jurisdictions.
Can I get divorced?
If you have been seperated for 12 months and are either an Australian citizen, live in Australia or regard Australia as your permanent home, you can generally apply for a divorce.
If your relationship has irretrievably broken down, the divorce is not opposed and there are no children under 18, we can assist you to obtain a quick and easy divorce online.
If you have been married for less than 2 years, you and your spouse must attend upon a family counsellor, obtain a certificate and file the certificate with your Application.
What happens next?
If your divorce application is granted, it takes effect one month plus a day after the Court hearing date. You are then free to legally remarry if you so wish!
Although most people are not eager to remarry immediately, obtaining a divorce is a significant event where we encourage you to take some time to process it and ensure that you have the support you need to move forward.
Although obtaining the Divorce is often a significant milestone, people will often need to resolve continuing issues with children's arrangements, intervention orders or property settlements that will need to be addressed with the assistance of a trusted adviser.
After reaching an agreement with your partner, to get divorced, you can make an initial appointment direct with a family lawyer to discuss your situation, obtain preliminary legal advice and take steps to proceed with your online application.
We will then proceed to draft and finalise your Joint Application for Divorce before filing it online with the Court. You cannot remarry until your divorce becomes final (one month and a day after the divorce is granted).
If you are wanting to get remarried to another person, we recommend that you do not set a final wedding date until you have obtained your Divorce.
What about the children?
Although the Court ensures that the children are cared for, parenting arrangements are considered seperately before the Courts and may need to be formalised in a parenting plan or parenting orders.
The court may enquire as to the current parenting arrangements, financial support and the education and health status of the children.
If you are unable to negotiate directly with your ex-partner, we would encourage you to obtain legal advice and engage a Family Dispute Resolution Practitioner to conduct a mediation.
Do I have to go to Court?
Once the online Joint Divorce Application has been filed, a hearing date will be set, typically within the next 6 to 8 weeks.
If you have children under the age of 18 or your spouse is opposing the divorce application, you will generally need to attend Court (or get a lawyer to assist you on your behalf).
If you want to obtain parenting orders or a property settlement from the Court, you may need to file a separate Court application if you cannot resolve your issues direct with your ex-partner.
What about our property?
If you obtain a divorce, you must apply to obtain a property settlement from the Court within 12 months. If you did not want to go through the Court, you may also obtain a Binding Financial Agreement with legal assistance.
While you are not required to obtain a formal property settlement from a Court, you may apply for a property settlement from the Court at any time.
Before you go to Court, it is worth seeing if you can come to an agreement directly with your ex-partner. If you are not able to negotiate directly, we would recommend that you consider engaging a mediator or a lawyer assisted alternative dispute resolution service.