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Family Law calendar    Jul 05, 2017

Family Law: Misnomers in Family Law: Divorce

Divorce is the dissolution of marriage. This legal phrase essentially means that the law recognises that you are no longer married ...

Divorce is the dissolution of marriage. This legal phrase essentially means that the law recognises that you are no longer married, and therefore do not have the corresponding rights and obligations associated with marriage.

While Hollywood might have us believe that once you get a divorce, ‘that’s it’, divorce is in reality often the last step in the process of separation. To get a divorce, you must have:

  1. A marriage recognised at Australian law;
  2. Which has broken down irretrievably;
  3. As evidenced by 12 months’ continuous separation;
  4. With no reasonable likelihood of resuming cohabitation.

As you must wait 12 months to get a divorce, it is often advisable that you begin making parenting and property arrangements once it appears the marriage has irretrievably broken down. You will need to start thinking about a property settlement (dividing your assets) and parenting arrangements, as divorce does not remove your parental responsibility.

Divorce is a lot more significant than simply signing papers and moving on. The implications of divorce for your family and assets need to be considered and handled thoughtfully. If you or someone you know is considering filing for divorce, contact us so we can provide you with the knowledge you need to make an informed decision.

Contact The Family Law Team For A  Free First Conference

If you have a family law matter, concerns about how to get a family law property settlement or questions about family law and separation in NSW and want to find out more please do not hesitate to contact us on 9688 6023 or email us at info@franklegal.com.au.

This article is provided to the reader for general information. It is not legal advice. It was written by Andrea Spencer & Matthew Sibley and edited by James Frank.

More from the blog:

Family Law: Back to Basics: the Requirements for Divorce

Family Law: A brief summary on Family Law Property Settlement

family law property settlement, family law and parenting, divorce, family law property settlement in NSW, legal jargon, understanding family law, family law and divorce

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