Divorce is the formal legal ending of a marriage.

To obtain a divorce you need to show your marriage has irretrievably broken down. This is demonstrated by being separated for at least 12 months with there being no likelihood of the relationship resuming.

It is possible to be separated under one roof if certain criteria are met. There are additional requirements if you are applying for a divorce and are separated under one roof.

Steps to obtaining a divorce in Australia

  1. Prepare your divorce application.
  2. Sign your divorce application before a qualified witness.
  3. File your divorce application with the Court.
  4. Receive your sealed documents and serve them if you need to
  5. The Court hearing

Once your Divorce Order is finalised you have 12 months within which to either finalise your property settlement or commence Court proceedings.

If you need assistance in obtaining a divorce, property settlement or spousal maintenance, contact Berry Family Law and one of our lawyers can help you through the process.

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