Family & Divorce Lawyer Serving St Kilda & Elsternwick

A divorce is a declaration by a court that a marriage is at an end. The two grounds for divorce are 12 months of separation and irreconcilable differences. In Australia, there is no requirement to prove fault.

You should be aware that marriage or re-marriage revokes any will then in existence. Separation does not revoke a will. Divorce revokes a will in favour of the divorced spouse. It is recommended that you consider making or updating a will after a divorce to protect your interests.

Marriage or long-term relationships entail a mutual obligation to support each other financially according to one’s means and abilities. After separation, a party in need of support can apply for a spousal maintenance order to ensure that obligation is adhered to.

The time limits for court-ordered maintenance are within one year from the date your divorce was finalised and within two years from the date your defacto/domestic relationship ended. If you miss these time limits, in certain circumstances you can apply to the court for leave to apply for spousal maintenance beyond those time limits.