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NOTICE ALERT IN LIGHT OF COVID-19
WHAT WE PROPOSE AND HOW WE CAN ASSIST
At Watson & Watson our clients come first. Please be assured of our continued dedicated services to all current and new clients.
As we have done in the past, we will continue to offer alternative conferencing methods ie video conferencing, skype or telephone conferences. Reviewing of all documentation provided to us prior to any initial conference will be all inclusive of our set fee. Do not hesitate to contact Shereen Da Gloria on (02) 9221 6011 should you have any concerns.
There are certain situations where a successful Application could be made to the Family Court or Federal Circuit Court of Australia for a Decree of Nullity of a Marriage. There are other cases where the Application to the Family Court (or the Federal Circuit Court of Australia) will be for an order for Divorce and not for an annulment of marriage. An Application for Divorce and an Application for Nullity are not identical. The Court will not make a Declaration of Nullity if there is a valid marriage. If there is a valid marriage the appropriate Application to be made to the Court, is an Application for Divorce.
A Declaration of Nullity by a Court is a finding that there was no legal marriage between the parties even though a marriage ceremony may have taken place.
The Family Court of Australia or Federal Circuit Court of Australia may declare a marriage invalid on the following grounds:
The Court will not make a Declaration of Nullity on the basis of:
If a Declaration of Nullity is made, then the Court is declaring that the ceremony in which the parties may have participated did not result in there being a valid marriage recognised at law. The parties were never married.
Grounds for Divorce
If the parties are validly married and then do not wish to remain married, then one or both can make an Application to the Federal Circuit Court of Australia for a Divorce.
In Australia there is one ground for divorce and that is, irretrievable breakdown of the marriage as evidenced by a separation of the parties for at least 12 months. It is a non fault system. An Application for Divorce is filed in the Federal Circuit Court of Australia. The Application can be made jointly or by one of the spouses only. The parties do not require permission from each other to make an Application for Divorce.
The Court will need the following evidence in support of the Divorce Application:
At Watson & Watson Lawyers our experienced Family Lawyers can assist you in relation to all divorce or annulment proceedings and related family law proceedings such as contact issues and financial/property settlement. Do not delay in seeking the appropriate advice. Please contact Richard Watson Senior Family Law Solicitor or his Personal Assistant Shereen Da Gloria to discuss your matter and seek timely advice.
This is only a preliminary view and is not to be taken as legal advice without first contacting Watson & Watson Solicitors on 9221 6011.
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