SEPARATION/DIVORCE

Separation

When a relationship breaks down, whether de-facto or marriage, family law issues arise and that is where we are able to help you.  When a relationship breaks down a lot of stress and issues arise which cause can be detrimental financially and physically to the family unit.

At Chomley Family Law we believe the way your family law matter progress is dependent upon the solicitor you see at the commencement of your matter. We believe in exploring alternative options to resolve your matter through the collaborative practice, mediation or arbitration.

It is important you receive specific tailored advice suited to your own unique circumstances so that your rights are protected. All advice provided is strictly confidential.

We can provide you with advice prior to your separation as it may help you make the big decision of whether you should leave or stay. We will further go through your rights and entitlements along with the various options and steps required should you chose to leave.

Divorce

In order to make an application you will need to be separated from your spouse for at least twelve months. Once you have been separated for one year you can then file and Application for Divorce. The Application for Divorce can be made in one of two ways: –

  1. Individual application
  2. Joint Application.

Depending on whether you make an individual application or a joint application will depend upon: –

  1. Whether you need to personally appear at Court on the first return date;
  2. If you need to get the documents served on your ex-spouse.

In order for the Court to grant a Divorce the court will need to be satisfied: –

  1. The relationship has irretrievably broken down and the parties have been living separately for 12 months;
  2. There is no prospect of reconciliation;
  3. Any children under the age of 18 years will be cared for.

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