No separation is the same, but disentangling two lives that have been intertwined emotionally and financially is rarely straightforward. It is understandable that you may be stressed at this time. It is important that you have the appropriate support to help you through this difficult time.
In Australia, the Federal Circuit & Family Court of Australia does not consider why the marriage ended. The only ground for divorce is that the marriage broke down and there is no reasonable likelihood that the parties will get back together.
You can apply for a Divorce in Australia if either you or your spouse regard Australia as your home and intend to live in Australia indefinitely, you are an Australian citizen by birth, descent or by grant of Australian citizenship, or ordinarily live in Australia and have done so for 12 months immediately before filing for divorce.
You need to satisfy the Federal Circuit & Family Court of Australia that you and your spouse have lived separately and apart for at least 12 months, and there is no reasonable likelihood of resuming married life. It is possible to live together in the same home and still be separated.
Because the granting of a divorce does not determine issues of financial support, property distribution or arrangements for children, it is vitally important that you get divorce help and obtain legal advice to understand your rights and responsibilities before applying for a divorce. A divorce simply recognises that the marriage has ended and in fact starts the clock ticking as to the time in which you have to instigate a formal property settlement.
Please contact us so that we can discuss your individual situation further and guide you in the right direction. It is vitally important that you get divorce help from a divorce lawyer.
A Recovery Order is an Order of the Court which can require a child to be returned to:
👶 a parent of the child
👶 a person who has a parenting order which states the child is to live with, spend time with, or communicate with, that person, or
👶 a person who has parental responsibility for the child.
If your child/ren normally live with you and the other parent is refusing to return them to you, you may be able to apply for a recovery order.
This is also the case when you have parenting orders, and the other parent is preventing your child from living or spending time with you in accordance with those orders.
Footer
Law Society of NSW
