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Divorce

Caldwell Martin Cox Family Law advisors and Family Law specialists have extensive experience in helping clients through the difficult time of separation and Divorce. Our Family Law team has been helping clients through difficult times for over 60 years in the Narellan, Camden and Picton areas.

Divorce is the administrative process through Court that legally ends a marriage. It should not be confused with property settlement, parenting arrangements, spousal maintenance or child support. These are all separate issues that can be dealt with before or after a Divorce (usually before).

Are you Eligible for a Divorce?

The most important criteria to be satisfied when making an Application for Divorce to the Court is that the parties to a marriage must have been separated for more than 12 months at the time of making the Application.

It is quite common for people to remain living in the same home together even though they have separated in a legal sense. Separations under the same roof most commonly arise because of financial considerations – it is cheaper to run one house than to run two.

If parties were still living under the same roof for any part of the twelve month separation period, the Applicant for Divorce must file Affidavit evidence setting out the circumstances of the separation and the living arrangements within the household. An Affidavit is a written statement. The Court will also require further supporting evidence from a third party, such as an adult child of the relationship or a family friend or relative who visited the home on a regular basis during the relevant period.

The Court must be satisfied that there was a real separation and that one or both parties intended that the marriage was over.

If there are children under the age of 18, the Court must also be satisfied that there are proper arrangements in place for the care, welfare and development of those children before it will grant a Divorce. Specific information relating to those parenting arrangements must be inserted in the Application for Divorce.

In circumstances where one party is acting against the best interests of the children, for example, by refusing to allow the other party to see them, the Court may refuse to grant the Divorce. The Court may also refuse the Application in circumstances where one party is required to pay Child Support but refuses to do so.

Applying for a Divorce can be a complicated process that is best managed by an experienced Family Lawyer.

For further information and assistance please call or email Vicki Andrews of our Family Law Team.

Visit our Reading Room for more information on Family Law issues.

MAKE AN APPOINTMENT
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ABN 65001889317

Liability limited by a scheme approved under Professional Standards Legislation

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