A divorce is not mandatory for couples who are looking to end their relationship. They may also choose to separate and enter into a separation agreement. Although not the only option for couples who are looking to end their relationship, a divorce provides couples with a legal and formal option to end their relationship. Our family divorce lawyer at Brace Law will be able to help guide you through this process.
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Breakdown of Marriage
The process around terminating a legal marriage is regulated by The Divorce Act 1985. When a couple experiences a breakdown in their marriage, they can bring an application for divorce to the Superior Court of Justice or the unified Family Court.
A breakdown in a relationship is never easy. At Brace Law, we help you manage and provide consultation during this difficult time. Contact us at to get in touch with a family divorce lawyer today.
Types Of divorces We handle
Uncontested
Divorce
Getting a divorce does not always mean a legal battle. Many divorce cases are uncontested, meaning that the couple is able to work out their issues without resorting to a trial. Even with disputes and disagreements between separating couples, it is still possible to divide property and assets and determine child arrangements without going to court.
In order to “qualify” for an uncontested divorce, you and your spouse must live separately for a period of 12 months, or 1 year and if there are any children, there must be reasonable arrangements for them in place.
Contested
Divorce
A contested divorce is one in which spouses cannot agree on any of the following issues: child support and custody, division of property and assets and spousal support. There are several dispute resolution tools that can be used to determine specific issues, such as mediation and arbitration and if issues still cannot be resolved, disputing couples must proceed to court and ultimately a trial, if necessary.
Same-Sex
Divorce
Since the passage of the 2015 Civil Marriages Act, granting same-sex couples the right to marry, the Family Law Act definition of “marriage” has applied to both, same-sex and heterosexual couples. In addition, the Divorce Act defines “spouse” in a manner that encompasses both same-sex and heterosexual couples.
As such, both acts apply equally to heterosexual spouses and same-sex marriages. Division of property and assets are guided by the Divorce Act and the Family Law Act, as well as child custody, support and access.
One-Year Separation
A divorce demonstrating a one-year separation requires that the couple have lived separate and apart for a minimum of 12 months, with no prospect of reconciliation or cohabitation. Either partner is able to bring an application at any point in time, which will be granted by the court when the one year, 12 months has passed.
In the event that the couple continues to live in the same house or under the same roof for the 12 month duration, there are numerous factors that are considered, including but not limited to physical separation, communication between the spouses, and presence or absence of joint activities.
Adultery
Adultery is defined as voluntary sexual intercourse between a married individual and another who is not his or her spouse. This definition now includes intimate sexual acts between homosexuals. This ground, however, cannot be used by the individual who committed the infidelity, only the victim. In this circumstance, the court is able to grant an immediate divorce and the one-year separation period is waived.
Cruelty
Showing the court that your spouse has treated you in a cruel manner during your marriage is another circumstance in which the court is able to grant an immediate divorce without the one-year separation period.
There are several requirements that are taken into consideration when determining whether or not a spouse has been treated cruelly. This could include any malicious or unnecessary infliction of pain or suffering to the body, physically, mentally or emotionally. The conduct must not be trivial and must render cohabitation impossible.
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