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Getting
a divorce is simply getting unmarried. It is quite separate
from arrangements with your ex partner over property or
children.
In
Australia we have 'no fault' divorce. That means you don't
have to show that the marriage breakdown was caused by the
behaviour of one of the spouses. Generally, all you need
to show is that you have been separated for 12 months and
that there is no possibility of reconciliation. (If the
marriage lasted for less than 2 years the rules are different).
Separation
doesn't mean you necessarily have to live apart. You can
be separated under the same roof.
Some
of our clients choose to handle their divorce themselves.
(Do it yourself divorce kits are available at the Family
Court.) Others ask us to handle their divorce for them.
Some divorces can be more difficult and are best handled
by a solicitor (such as where a spouse's whereabouts is
unknown or where a marriage certificate is lost).
However
the divorce is handled it must be remembered that, once
a divorce has been finalised, you only have 12 months in
which to lodge an application in the Family Court for a
property settlement.
Which
solicitors practise in this area?
Our
solicitors who practise in this area are
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