Divorce Lawyers South Yarra

The Procedure of Obtaining Divorce

In view of the fact that different matters, such as divorce, financial issues and parenting, are approached individually, financial and parenting issues can be discussed prior to initiating divorce proceedings. The parties seeking to obtain divorce should submit an application with the Federal Magistrates Court for a divorce order. The necessary prerequisites serving as grounds to seek divorce comprise the following: the parties should have been separated for a period longer than twelve months before they can submit a divorce application; the parties may have lived separated under the same roof during that period: however, they should be able to present evidence to adequately and convincingly prove that they have lived in separation during the above mentioned period. To issue a divorce order, the Court should ascertain and be convinced with respect to the following facts: first of all, that the parties seeking to obtain a divorce were married; secondly, that the parties have been separated for a period longer than twelve months; and finally, that the other jurisdictional requirements are satisfied.

When all the above facts have adequately been ascertained, and it has been proved in the adequate manner that the marriage has been broken down irretrievably and there can be no further mutual respect and understanding between the parties, a divorce order is granted. The divorce decision becomes final after one month and one day have elapsed after the granting of a divorce order. When the divorce is declared final, a divorce certificate should be issued. Upon the granting of divorce, each of the parties has the right to enter a new marriage. It should be taken into consideration that divorce is a secular proceeding. The parties to a marriage who are seeking a divorce are entitled to obtaining it, regardless of their religious denomination and religious beliefs.