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Legal Services
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Divorce
The Family Law Act 1975 established the principle of "no-fault divorce" in Australian law. This means that the Family Court does not consider the reasons why a marriage has ended.
An application for divorce can be made by one party to a marriage or both parties jointly.
For a divorce to be granted, the Family Court must be satisfied that the marriage has irretrievably broken down (evidenced by a separation of not less than 12 months at the date on which the application for divorce is made) and that appropriate arrangements have been made for any children involved.
In certain circumstances, a divorce can be granted where parties are separated but living under the same roof or where there has been a brief period of reconciliation (up to 3 months) during the period of separation.
Klimek & Co can assist by making divorce applications and managing the process to ensure that all procedural requirements are met. Obtaining a divorce affects the time limit set by the Family Court within which an application for property settlement must be commenced and also now has the effect of invalidating the will of a party to a divorce. |
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