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  • How to get a Divorce in Australia

    October 25th, 2021 | by
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    The concept of ‘no-fault divorce’ in Australia

    With the establishment of the Family Law Act 1975, the concept of no-fault divorce was introduced for the first time in Australia. It is no longer necessary to show wrongdoing on the part of one party to the marriage and the Court is no longer concerned with the reasons for the breakdown of a marriage. The only criteria necessary for a valid application for divorce is for parties to establish that there has been an irretrievable breakdown of marriage, evidenced by a twelve-month separation preceding the filing of an Application for Divorce.

    Benefits of the no-fault divorce concept

    This concept was introduced to reduce conflict and minimise hostility between the parties, to simplify the process and to make divorce more cost effective for parties’.

    Fault elements such as domestic violence may still be important when it comes to parenting arrangements.

    How to file an application for Divorce in Australia

    Along with a whole host of changes arising from the COVID-19 pandemic, all applications for divorce can now only be filed electronically.

    An application for divorce can be a sole application or a joint application.

    Service of the Application for Divorce

    In a sole application for divorce, the Applicant must serve the Respondent with the application for divorce and supporting documents. The Court must be satisfied that the Respondent is aware of the application and has had an opportunity to respond to the application. If the Respondent resides in Australia, the Respondent must be served all documents at least 28 days before the hearing day. If the respondent does not reside in Australia, the Respondent must be served the documents at least 42 days before the hearing.

    Ground to oppose a Divorce

    There are very limited grounds to oppose a divorce. Given that the basis for a divorce is the irretrievable breakdown of marriage, the only way to oppose an application for divorce is to establish that the marriage has not broken down. You must prove either that you have not yet been separated for twelve months or that there is a chance you will get back together.

    Separation Under One Roof

    If you have been separated but living under the same roof, which is often due to financial reasons, you will need to prove to the court that the separation is genuine and that it has been for at least 12 months. In this case, you will have to provide extra information to the Court as proof of the separation.

    Children

    If there are children of the marriage who are under the age of 18 years, the court will only make an order for divorce once satisfied that proper arrangements have been made for the care and welfare of the children. These arrangements do not have to be formalised pursuant to a parenting plan or parenting orders. The arrangements can be pursuant to an informal arrangement.

    Attendance at Divorce Hearing

    • For a joint application – attendance is not required;
    • For a sole application if there are no children of the marriage – attendance is not required;
    • For a sole application if there are children of the marriage under the ages of 18 years – attendance is required.

    In the following circumstances, attendance is recommended:

    • separation under the same roof
    • married for less than two years, or
    • if there has been a change in circumstances since the Application was filed
    • when the Respondent files a Response

    When will the divorce order take effect?

    A divorce order becomes final and takes effect one month and one day after the date the Order is made.

  • Embracing and dealing with change after separation and divorce

    August 12th, 2021 | by
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    What’s normal to feel during a significant life change like separation/divorce?

    Separation or divorce can turn our life and often our long term dreams upside down.  It is a pivot in our personal life, which is a fundamental change in our life strategy that can bring you to the depths of despair and loneliness. We can experience waves of emotions such as angry, sad, anxious, hurt, embarrassed, happy and relieved.  It is a new world for many to feel or even face and deal with these emotions that they may have never felt before.

    ‘Change is hardest in the beginning, messy in the middle and best at the end ‘– Robin Sharma.

    What are the stages of change that someone might experience?

    Addressing the stages of change in a healthy way often looks like this:

     1. Start where you are by expressing the event, feel the pain, name it, own it and understand and be gentle with your emotions. 

    2. Assess and take stock of where we are now at, and learn the stages of grief so you can feel supported as you understand that you will have to go through the stages, and then develop your immediate survival plan. 

    3. Change continues on as you start the healing journey and once ready, you are able to start and plant some new seeds as you find your new normal. 

    How do you navigate these stages of change in light of separation?

    • Stage 1 – Recognises and Respond – Stop and breathe, acknowledge your feelings and fear, embrace grief and choose your story
    • Stage 2 – Restore and Recover – Sink into self care, renew and refuel, open the path to positivity and relinquish the past – know that you have got this
    • Stage 3 – Redirect and Reset – Rebuild your foundation, plant new seeds, create a new roadmap with fresh vision for your life and start being the change you wish to see
    • Stage 4 – Rejoice and Radiate – Embark on the journey, Embrace some joy again, claim back your personal power and celebrate your new wins.

    What journaling questions can help during this time?

    Journaling brings you back to you to discover what is most important and to unpack the feelings you are experiencing.

    • What are your fears?
    • What are you looking forward to?
    • What are you learning about yourself?
    • What are you grateful for today?
    • What are you most proud of?
    • Where do you see opportunities for improvement in your life?
    • Write down one regret and lesson learnt for yourself?
    • What do you need now to be content?
    • What can you change right now that you are in control of?
    • What affirmation will support me most right now?
    • Write down 3 ways you are going to take care of yourself?

    Is it possible to come out of a situation feeling 100% at peace?

    Yes it is. The most important relationship we have in the world is the one we have with ourselves. Loving ourselves, treating ourself like we would a best friend as happiness is an inside job.

     

    You can read more about getting your mental health back on track after separation here. 

    About the author

    shannah Kennedy change after separation

    Shannah Kennedy is an advanced certified coach and NLP practitioner and author of the newly released book ‘Plan B’. It’s an honour to have Shannah share with us her tips for navigating change because we are well aware of how life changing separation is. We hope this insight helps guide you to a healthy way to navigate your separation journey as you look to your future life, filled with hope. 

    A compassionate and caring approach to family law 

    Our client care program looks to equip clients with similar information and support throughout separation and difficult family matters. 

    If this compassionate and supportive approach to separation and divorce is of interest to you as you navigate the legal system, please do not hesitate to reach out to our team of experienced lawyers for a free 20 minute consultation with a family lawyer

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