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DIVORCE

Guiding you through the complexities of divorce with empathy, professionalism, and a commitment to achieving a fair and just resolution.

At Galea & Faustin Solicitors, we understand that going through a divorce can be a challenging and emotional time for all parties involved. Our dedicated and knowledgeable legal team provides compassionate and professional representation in divorce matters, assisting clients in navigating the legal intricacies and working towards a fair and just outcome.

Personalised Consultation

We provide expert advice tailored to your unique circumstances, ensuring that your rights are protected and your best interests are prioritised throughout the divorce process.

Property Settlement Assistance

Our team will guide you through the process of property and asset division, negotiating on your behalf to reach an equitable settlement that reflects the contributions and needs of both parties.

Child Custody and Support Advocacy

We understand the importance of prioritising the well-being of your children during a divorce. Our team will advocate for appropriate custody and support arrangements that serve the best interests of your children.

Spousal Maintenance Negotiation

Our legal experts will assist you in addressing the issue of spousal maintenance, striving to reach an arrangement that acknowledges the financial needs and resources of both parties.

Financial Agreement Preparation

We will help you draft and review financial agreements, ensuring that all relevant factors are considered, and the agreement is legally binding and enforceable.

Court Representation

If required, our team will represent you in court, advocating on your behalf to achieve a fair and just resolution of your divorce matter.

At Galea & Faustin Solicitors, our commitment to client satisfaction is unparalleled. We take pride in offering personalised, attentive service to each client, ensuring a smooth and efficient divorce process. Contact us today to discuss your divorce needs and begin working towards a resolution that allows you to move forward with confidence and peace of mind.

Eligibility to apply

To be eligible for a divorce application, the court must be satisfied that the parties have been separated for a continuous period of 12 months and there is no prospect of the parties reconciling. You must also fit into one of the following categories:

Be an Australian citizen; or
Live in Australia and considers Australia to be your permanent home; or
You ordinarily live in Australia and has done so for at least 12 months prior to making the application.

Steps in applying

Once an application for divorce is completed, the application must be served upon your spouse. You cannot personally serve the divorce. Our firm usually uses a process server to undertake this task. Once the divorce has been served, we must prove to the court that service has occurred by filing an affidavit proving signature and an affidavit of service. If those requirements are satisfied at the hearing, the Court will grant an order for divorce and the divorce will only become final one month and one day thereafter at which time the Court will issue a certificate.

Frequently asked questions

What if I get back with my partner during separation?

You must be separated for at least 12 months to be eligible to a divorce. If you get back with your partner for no more than three months, you do not have to restart the 12 months separation. If you get back with your partner for more than 3 months then the 12 months’ separation period will have to restart. For example, if you have been separated for 5 months and you reconcile with your partner for almost three months and then separated for 7months again, the court will consider the period of 5 months and 7months thereafter towards the 12 months’ separation period.