Divorce and Separation – David and Kylie

David and Kylie had been married for 8 years before separating.  They have a young son, Tyler, aged 3.  David sought our advice because he was having difficulty organising a divorce with Kylie.  

Kylie did not want to divorce because she believed it would cause embarrassment to her and it was against her religious beliefs.  As a result, she would not cooperate with David in the divorce process.

Under the Family Law Act there are only a few strict criteria which must be satisfied for a divorce order to be made.  The court must be satisfied that there has been an irretrievable breakdown in the relationship.   Basically, this means that at least one party to the marriage has decided that the marriage has come to an end.  The parties must also have been separated for a period of 12 months or more (though there are some limited exceptions), before the application for divorce was filed.  Whether one party wishes to remain married or refuses to agree to a divorce because of religious or other reasons, is irrelevant.

We were able to assist David with his divorce.  An application was prepared and filed.  A copy of the proceedings was personally served on Kylie, in accordance with the court rules so that she was aware of the divorce.  Kylie attended the divorce hearing and stated her objections.  The court however, did not accept her reasons for opposing the divorce.  David and Kylie had been separated for over 12 months and in David’s view the marriage had broken down.  

The court was satisfied that the conditions for a divorce had been met and granted David the Divorce Order.

*Not their real names