Divorce

A separation is a hard and emotional time in a person’s life. At Hennikers we are here to help you navigate through this difficult time.

When you are ready to apply for a Divorce, Hennikers can help with all your legal needs. We take the time to listen to you. We are here to achieve the legal result you want. Hennikers’ experienced family law solicitors can be with you every step of the way.

Australia has a “no fault” divorce system. This means that when considering a Divorce Application, the court does not consider the circumstances surrounding the breakdown of the relationship. The main focus for the court in considering whether to grant a divorce application, is whether there has been an irrevocable breakdown of the marriage.

A person is able to apply for a Divorce 12 months after the parties have separated. The court can consider the time the parties have been separated but living under one roof.

Hennikers can help you apply to the court for a Divorce. You do not need the consent of both parties to file for a divorce. We can assist you in the process, even where the other party may be being difficult.

We can take you through the legal steps required to finalise your divorce. In some circumstances there may be a need to attend court for the divorce hearing, such as when there are children of the relationship. We can appear with you at court. We do all the talking on your behalf to ensure the most efficient and stress free hearing process.

A person only has 12 months after a Divorce Order is granted to finalise their property settlement. After 12 months, the court can refuse to consider any Orders for a property settlement under the Family Law Act. It is important not to delay. Contact Hennikers who can help you every step of the way.