You can make an application for dissolution after living apart for a period of at least two years. You can then apply alone or jointly with your partner or spouse for a dissolution order. If you apply alone for a dissolution order you will need to arrange for your partner or spouse to be “served” with the application and then they will have 21 days to defend it. If the other partner is in Australia then they will have 30 days to defend the application or if they are in another part of the world they will have 50 days.
You can decide whether you wish to appear before a Judge or a Family Court Registrar. The length of time taken for the application for dissolution to be heard before the Registrar or Judge will vary. If the other party does not defend the order party then if the Family Court Registrar makes it will take effect one month after it is made. If you decide to appear before a Judge, the order will take immediately.
Can you handle the paperwork for me?
Jeremy Sutton and the team of lawyers are experienced in dissolution and are able to handle the paperwork to make dissolution less stressful for you. Contact us via email or call us on (09) 309-4647.
Is the dissolution application complex?
The dissolution application process can be broken down into several steps.
- An application needs to be filled out. Forms are available from the Family Court website or the nearest Family Court office.
- If you alone are applying for a dissolution you must serve the other party.
- The other party has 21 days to defend the order
- It will then go before a Family Court Registrar or a Family Court Judge for an order to be made.
“The information posted on this website is prepared for a general audience, without investigation into the facts of any particular case. This information is no substitute for legal advice and does not create a lawyer-client relationship; you are advised to consult with a lawyer on any legal issue.”