Divorce

After twelve months of being separated, you are eligible to apply for a divorce – provided that you satisfy the jurisdictional requirements and declare to the Court that there is no reasonable likelihood that you will get back together with your spouse.

In some circumstances, the period of separation may include time where you have lived together under the same roof – although additional evidence will be required to satisfy the court that you were truly separated during this period of time.

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Divorce lawyers in Ballarat

The process of applying for a divorce involves completing a detailed application and providing the Court with a copy of your marriage certificate. After this application has been filed, the application must be personally served (by someone other than yourself) on your spouse more than 28 days prior to the hearing of your divorce application.

A court appearance will only be required in circumstances where there are children of the marriage who are under the age of 18 years – for the purposes of satisfying the court that appropriate provision has been made for the children of the marriage.

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How Cargill Family Law can assist you with your divorce

Our divorce service is available in Ballarat, Bacchus Marsh, Melbourne, and surrounds. We can help with:

  • Advise you as to whether you meet the criteria to apply for a divorce
  • Prepare your application and any additional evidence which may be required
  • File your application in court and arrange for it be served on your spouse
  • Attend to filing the Affidavit of Service / Acknowledgement of Service and the Proof of Signature documentation (if required)
  • Attend court on your behalf in the event that you have children under the age of 18.

Rachel’s advice was very thorough and I felt incredibly supported

Rachel was amazing to deal with during my marriage consent orders settlement. Our interactions were consistent, clear and sincere and I always felt like I had the facts at hand. Her advice was very thorough and I felt incredibly supported through the process. Rachel brings proactive, diligent legal practice with warmth, empathy and reliability. I can highly recommend her services.

– Loretta, Melbourne

Rachel was also very supportive and empathetic

It was a pleasure working with Rachel, she provided clear legal advice and was extremely diligent and professional in her approach. Rachel was also very supportive and empathetic and I highly recommend her for any of your family law matters.

– Alison, Melbourne

Divorce FAQs

Married couples have to be separated for 12 months before they can apply for a divorce. This 12-month period may include time where the parties have lived under the same roof – provided that the parties were living separate lives and did not attempt to reconcile their marriage during this period of time.

You can begin property settlement negotiations at any time after separation. Please note that time limits apply. You need to finalise your property settlement agreement within 12 months after your divorce has become final or within two years of separation for de facto relationships.

You can retain a family lawyer to complete the divorce application process for you or you can do it yourself. The process of applying for a divorce is set out in detail on the Federal Circuit and Family Court of Australia website.

In summary, the process of applying for a divorce involves completing a divorce application and providing the Court with a copy of your marriage certificate. After this application has been filed, the application must be personally served (by someone other than yourself) on your spouse more than 28 days prior to the hearing of your divorce application.

A court appearance will only be required in circumstances where there are children of the marriage who are under the age of 18 years – for the purposes of satisfying the court that appropriate provision has been made for the children of the marriage.

Get in touch for a free 30-minute consultation