DIVORCE

We can file your Application for Divorce, serve the other party and represent you in Court. If you are served with an Application for Divorce, we can provide you with legal advice.

An Application for Divorce can be filed once you have been separated for one (1) year. You will need a copy of your marriage certificate and if you were married overseas and it is not in English, then it will need to be officially translated. 

If during the period of separation you remained living under the one roof with your previous partner then you will need to provide the Court with evidence by filing an Affidavit from yourself and a third party that regularly attended your home or had knowledge of your separation, that you did not cook, clean, share financials or resume a sexual relationship during that period with your spouse. 

If the marriage was less than two (2) years then the parties must attend counselling and provide the Court with the counselling certificate (which will include proof if one party refused to attend counselling). 

The Court will require information about the arrangements for the children or step children that were treated as children of the marriage such as their current living arrangements, education, health and if child support is being paid. The Registrar that will grant the Application for Divorce will be not determining the arrangements of the children, only to ensure that they are being cared for by their parents. 

If there are children under the aged of eighteen (18) years then the Applicant will need to attend Court. If there are no children under the age of eighteen (18) years then the Registrar can grant the Application for Divorce in Chambers and no Court appearance is required. 

Once the Application for Divorce has been filed with the Court then the Respondent must be served with the Application and the service documents must be filed with the Court.