My marriage is over! What do I do now?

“For better or for worse” is easier said than done. Some conflicts are unresolvable. Some differences are irreconcilable. Marriage is hard work, that’s why it’s not for everyone. If it has come to that point where nothing works anymore, you don’t have to feel like you’re stuck without any way out.

There are two key things that divorce applicants need to show before their application for divorce can be granted.

Separation period

In order to satisfy the Court that the divorce should be granted, the couple would need to have been separated for a period of at least 12 months.

“Separation” can look like different things for different people. There are instances where the couple had already separated but still lived together for a short period following the separation. They can still satisfy the 12-month rule if the parties provide additional information to show how “separation under one roof” looked like in their relationship.

As long as it can be shown that the marriage had broken down irretrievably and that there is no chance that they will get back together, the divorce can be granted on this basis.

Jurisdiction

The last requirement, which is the easiest to satisfy, is the jurisdiction requirement.

This simply means that at least one of the parties to the marriage is either an Australian citizen or an Australian permanent resident. This can easily be shown by submitting proof of citizenship or permanent residency.

If one of these two key things is not met, then chances are the divorce application will not be granted.

Depending on whether there are children, and property acquired during the relationship, the Court will also ask if proper arrangements have been made to account for those factors before the divorce can be finalized.

Not all relationships are the same. Some divorce applications are straightforward while some require a bit more attention and work. Whatever kind of situation you are in, Indus Lawyers can give you the tailored assistance you need so you can go through this process with ease and peace of mind. Call us at 02 9687 8699 and let us help you take the first step towards healing and moving on.