Divorce

Family Law Group has specialists in this area who understand the importance of acting in your best interests as quickly and efficiently as possible and in a non-confrontational manner.

The new No Fault Divorce has made the process of divorce more accessible and straightforward. If you have been married for over a year, then you will be eligible to apply for divorce on the basis that the relationship has irretrievably broken down.

A divorce is started by filing a petition with the Court that sets out the details of your marriage, any children and the reason you want a divorce.

The Court will issue the application and send it to your spouse who will then need to file an Acknowledgment of Service form, which informs the Court and you that he or she is aware of the application for divorce and whether or not he or she intends to object to the divorce.

If there is no objection, the divorce can proceed to the Condition Order stage.  A judge will then consider whether there is sufficient evidence to allow the divorce to proceed and, if so, will certify that the case can be listed for the pronouncement of Final Order of Divorce. This stage of the divorce is simply confirmation that the parties intend to divorce and that if there are any reasons why you should not be finally divorced, such reasons should be presented to the Court within the following six weeks (the cooling off period).

You can then apply for the Conditional Order to be made Final after a clear six weeks have passed from the date of the Conditional Order. If the party that applied for the divorce in the first place does not then apply for the Final Order, the other party can do so three months later.

Once the Final Order has been granted, this finalises the divorce.

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