Breakdown of Marriage
Leeds Lawyers understands that the breakdown of a relationship can be one of the most challenging periods in your life. We are here to help with our expert legal guidance and reliable representation.
Simplifying the Process
Our principal solicitor Mark Kryakos is experienced and passionate in this field of law and will personally guide you through the process from start to successful completion.
The Federal Circuit Court of Australia has the jurisdiction or power to deal with dissolution of marriage. Divorce is a relatively simple process which does not require a court to determine why a marriage has broken down. If there is a child of the relationship under the age of 18, the Court must be satisfied that there are proper arrangement have been made for their care.
A divorce order differs from Consent Orders or any other agreement in that the Court does not make any decisions regarding property and parenting disputes. Once a party has obtained a divorce Order, they are able to re marry. If you need to resolve outstanding property or parenting disputes it must be dealt with separately. Please note that parties must finalise any property disputes or commence proceedings within 12 months of the date of divorce. Leave can be granted in some circumstances.
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, or
- Are an Australian citizen by birth, descent or by grant of Australian citizenship, and
- Have been separated for no less than 12 months.
You can oppose a divorce if you have not been separated for at least 12 months or in circumstances where the court does not have jurisdiction. Parties can be separated under the same roof.
You will be required to file a Response to Divorce if you challenge the Order or if there are errors of fact or mistakes in the application.
The divorce process typically takes 3-4 months but can be expedited in limited circumstances.
We advise against planning to re marry until the divorce has been finalised as there may be unexpected complications which result in delay.
We offer competitive fixed fees for all divorce matters which include the Court filing fee. Contact us now to see how we can help you during this challenging period.
If a foreign divorce was made in accordance with the laws of that country, it will be recognised in Australia.
Why Leeds Lawyers?
- You deal directly with our experienced Principal Solicitor from start to successful completion.
- We have built a reputation on achieving exceptional results.
- Each matter is our priority and we ensure that it is thoroughly prepared.
- You are kept informed every step of the way.
- We offer fixed priced services for most criminal law matters.
- We have built working relationships with other solicitors and the Police which results in more effective negotiations.
Family Law
