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Divorce

The Ferguson Cannon Family Law team can facilitate the formal ending of your relationship with understanding and professionalism. We will facilitate your divorce efficiently and without fuss. Get the experts on your side and call our Family Law team today on (07) 5443 6600 for a free, no obligation discussion.

You can apply for a divorce if:

• Your marriage has broken down irretrievably; and
• You and your spouse have been living separately and apart for at least 12 months; and
• There is no a reasonable likelihood of co-habitation between yourself and your spouse; and
• Reasonable arrangements have been made for the care of any children.

The usual procedure for obtaining a divorce is:

• If the above grounds for divorce are satisfied, an Application for Divorce will be prepared.  The Application may be filed by you or it may be a joint Application by you and your spouse.
• The Application for Divorce is filed in the Federal Magistrates Court.
• The Application for Divorce is allocated a Hearing date in the Court.
• If the Application is not a joint Application, it must be served on your spouse and an Affidavit of Service (and Acknowledge if appropriate) filed in the Court.
• At the Hearing of the Application for Divorce, the Court will grant a Divorce Order if it is satisfied of the above grounds for divorce and that your spouse was served.
• After the Court has granted a Divorce Order, the Court will make the Divorce Order final one month and one day after that date.  You cannot remarry until your Divorce Order is final.

After a Divorce Order is made it is important to review your Will and Power of Attorney as Divorce invalidates any previous Will you may have made.  Separation does not invalidate any previous Will you may have made and we recommend you make a new Will as soon as you have separated.  Appropriate clauses can be inserted in your Will so that the Will is still valid after your Divorce.  Please refer to our Wills & Estates page to obtain further information.

At Ferguson Cannon Lawyers we have a team of experts to handle your Application for Divorce.  This can even be done over the internet saving you time and money. 

Further information is set out in a fact finder in that section of our website. 

Our family law team is available to answer any of your divorce questions and assist you in this area. Call our team today on (07) 5443 6600.