Tuesday, December 10, 2019

Divorce Attorney Adelaide – Duncan Basheer Hannon Attorney

February 2, 2019  

Going through a divorce can be a very challenging time for a couple. At Duncan Basheer Hannon, our divorce attorneys understand that it can be a delicate situation and make sure to be delicate.

Understanding the divorce procedure

A divorce will be given by the courts when irretrievable breakdown of marital relationship is demonstrated by a duration of 12 months constant separation.

You can be considered to be separated even if you and your ex-partner remain living at the same address. As soon as the court is satisfied that you have met all of the requirements for a divorce, a divorce will be granted and ended up being absolute one month later– allowing you to re-marry.

You do not need to wait up until your divorce is granted to settle your monetary and parenting plans. This can be done through the Courts or by participating in a Binding Financial Contract. As soon as a divorce is settled, you have 12 months to use to the court for a residential or commercial property settlement or spousal maintenance– otherwise you will need to obtain authorization for the court to apply to settle your matters.

Can I make an application for a divorce?

You can obtain a divorce in Australia if:

While you might prepare your own divorce application we extremely recommend that you ask a legal representative to do it in your place.

What a court considers in divorce applications

The only legal grounds for divorce are that the marriage has actually broken down irretrievably and there is no sensible possibility that you can reconcile after a 12 month period of separation. If you have kids under 18, a court will just approve a divorce if it is satisfied that correct plans have been made for them. The court deals with a concept of ‘no fault’ divorce, implying it does rule out why the marriage ended.

Duncan Basheer Hannon’s family and divorce lawyers understand separation is demanding and disturbing, and that is why we offer a totally free, no-obligation very first visit to talk you through whatever in a basic and straightforward manner.

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