Call Us:
02 8677 3251
Blog Layout
Divorce – Essential Facts
Dec 31, 2019
Divorce – Essential Facts
Requirements of a valid marriage
The law in Australia with provides that in order to be validly married you must meet a number of requirements, some of which will be considered.
The marriage must be monogamous union – that is you cannot be married to more than one person at the same time. (If you are then you may have committed the offence of bigamy, which is a prosecutable offence).
The marriage must be a heterosexual union – which means the marriage must be between a male and a female.
The marriage must be a union for life – you must marry with the intention of spending your rest of your life with that person.
The marriage must be a voluntary union – you have not been forced into the marriage and have married of your own will and accord.
Requirements for a divorce
Unfortunately, there are many situations whereby a husband and wife after living together for some time, decide that they no longer wish to be married to that person and seek to have marriage legally nullified i.e. divorced.
Some of the requirements for a husband or wife to obtain a divorce are dealt with in this article. The first is whether or not you been married for more than two (2) years? The law requires that if you have not been married for a period of more than two years than you may need to seek professionally counselling with your spouse, before you can legally apply for a divorce. Although, there may sometimes be exceptions to this requirement.
The Court must be satisfied that you and your partner have been separated for a period of twelve (12) months or more (this may be so, even if you have been living under the same roof). It is important that you seek professional legal advice to ensure that you meet this requirement.
You must be an Australian citizen and/or have a current and valid Australian visa and lived in Australia for a period of 12 months or more.
If you wish to obtain a divorce or are not sure if you are allowed to get married then contact our office for an obligation free consultation.
The law in Australia with provides that in order to be validly married you must meet a number of requirements, some of which will be considered.
The marriage must be monogamous union – that is you cannot be married to more than one person at the same time. (If you are then you may have committed the offence of bigamy, which is a prosecutable offence).
The marriage must be a heterosexual union – which means the marriage must be between a male and a female.
The marriage must be a union for life – you must marry with the intention of spending your rest of your life with that person.
The marriage must be a voluntary union – you have not been forced into the marriage and have married of your own will and accord.
Requirements for a divorce
Unfortunately, there are many situations whereby a husband and wife after living together for some time, decide that they no longer wish to be married to that person and seek to have marriage legally nullified i.e. divorced.
Some of the requirements for a husband or wife to obtain a divorce are dealt with in this article. The first is whether or not you been married for more than two (2) years? The law requires that if you have not been married for a period of more than two years than you may need to seek professionally counselling with your spouse, before you can legally apply for a divorce. Although, there may sometimes be exceptions to this requirement.
The Court must be satisfied that you and your partner have been separated for a period of twelve (12) months or more (this may be so, even if you have been living under the same roof). It is important that you seek professional legal advice to ensure that you meet this requirement.
You must be an Australian citizen and/or have a current and valid Australian visa and lived in Australia for a period of 12 months or more.
If you wish to obtain a divorce or are not sure if you are allowed to get married then contact our office for an obligation free consultation.
G&S Law Group acted for a Defendant who was charged with “Use Carriage Service to Menace/harass / Offend”
Our office is currently acting for an aged worker wrongfully charge with common assault. The matter is currently on appeal to the District Court of NSW.
G&S Law Group have dealt with many matters whereby family members have loaned money to one another (including spouses)
A power of attorney is an important legal document that allows you to appoint another person to manage and make financial decisions on your behalf.
G&S Law Group acted in this appeal to the Federal Court after proceedings were remitted back to Judge Street in the Federal Circuit Court.
G&S Law Group was successful in obtaining a Costs against Government Department of Fair Trading for delays and costs thrown away in the matter.
G&S Law Group successfully acted on behalf of the Estate in relation to reopening an earlier determination made by the Tribunal.
G&S Law Group acted for the Second Appellant in an appeal of proceedings.
The defendant made an offer to the plaintiff and on 31 March 2014 served fresh evidence.
G&S Law Group acted for the First Defendant in proceedings regarding a mortgage transaction.
