Family Law: What are the requirements to file an application for divorce?

The requirements for filing an Application for Divorce are relatively straightforward.

The parties simply need to establish to the satisfaction of the court that the marriage has irretrievably broken down and that the parties have been living separate and apart for 12 months.

When the parties separate, they are not required to live in separate homes. If the parties are experiencing financial hardship or are unable to find alternative accommodation, the parties can still separate under the same roof as long as both parties are in agreement that the relationship has broken down irretrievably. If there is disagreement regarding the date of separation then the onus is on one party to prove that date to the court.

Seeking legal representation such as a divorce lawyer following separation can ensure that the parties are aware of the limitation period and the requirement for applying for a divorce.

The parties are of course at liberty to apply for a divorce solely or jointly, with or without a solicitor. However, retaining a family lawyer will ensure that the Application for Divorce is drafted in the correct form and that all necessary and supporting documentation is provided ensuring that the divorce order is granted without unnecessary delay. If the separating parties have a child or children then family lawyers will also ensure that the Application clearly addresses this and they will provide evidence to the court that proper arrangements have been made for the care, welfare and development of the child or children.

You can consult a family lawyer at any time, whether it be prior to or after separation. The timeframe will of course depend upon the nature of your enquiry and whether your relationship was a marriage or a de facto relationship. For example, with respect to a de facto relationship, the limitation period to finalise any property matters is 24 months from the date of separation. For a married couple, there is only 12 months from the date of the divorce for the parties to resolve any property distribution.

Brydens Lawyers are experts in all family law matters. Our family law accredited specialist can assist in relation to all your family law needs. For expert legal advice and representation in relation to any family law concern contact Brydens Lawyers on 1800 848 848 or at brydens.com.au. At Brydens Lawyers – # WE DO divorce proceedings and family law matters.