Divorce
A Legal Process That We Make Simple
In Australia, divorce is based on a no-fault principle. The sole ground for divorce is the irretrievable breakdown of a marriage, which is established by proving you have been separated for at least 12 months and one day before applying to the Federal Circuit and Family Court of Australia. Neither party needs to prove wrongdoing.
A divorce legally dissolves your marriage and allows either party to remarry in the future. In essence it involves a lot of paperwork and form filling. At Millar Trost Legal, we offer a fixed fee divorce, and we will handle the process from start to finish, making it a straightforward and stress-free process for you.
Important Things To Know
Divorce Does Not Resolve Property or Parenting Matters
One of the most common misconceptions about divorce is that it must happen before you can deal with property settlements or parenting arrangements. This is not the case. Upon separation, parties can immediately begin negotiating and formalising agreements about financial, property and parenting matters. Divorce is a separate legal step.
Time Limits on Property Settlements
Once your divorce is finalised, you have 12 months to make an application to the Court regarding property and financial settlement. If you have not already formalised your property and financial arrangements, we strongly recommend doing so before or alongside your divorce application to avoid possibly losing your right to claim.
Children & Divorce
The Court is required to be satisfied that proper arrangements have been made for any children of the marriage before granting a divorce. We will ensure all requirements are properly addressed as part of your application.
How We Can Help - Fixed Fee Divorce
Our team will prepare and file your divorce application, manage all documentation and Court correspondence, and advise you on any related family law matters that may need to be addressed at the same time, for a fixed fee. We will keep the process clear and manageable so you can focus on the next chapter.
Contact us to discuss a divorce application.