Sometimes, the controlling behaviour creeps up so slowly that you don’t even realise you’re trapped with a controlling husband. Other times, the intimidation and controlling behaviour is so strong that you’re at a loss about how to get out. Our message is simple: there is always a way out. Challenge yourself by stepping out of your comfort zone and calling us.
Divorcing a controlling husband
The divorce process is started by filing an Application for Divorce online. You can apply for a divorce as a single applicant. You do not need your controlling husband’s consent to apply for divorce. However, you will need to meet the following criteria before you will be eligible to complete a divorce application:
- A copy of the Marriage certificate.
- Citizenship or temporary residence in Australia.
- You need to have been separated for over 12 months.
- If you have been married for less than 2 years, you will need to provide a certificate proving that you have attempted marriage counselling.
- If you have children under the age of 18, you will need to show that the proper arrangements have been made for the care, welfare and development of those children.
Determining whether you have separated is a legal exercise unique to your individual relationship and circumstances. It is important that you have legal advice on this issue. In circumstances where you have separated, and you both continued to live in the same house, you will be required to nominate independent witnesses willing to provide a statement as to their observations of your separation.
After the application has been filed, you will need to make sure it is personally served on your husband. This means that a court sealed copy needs to be delivered to him. If your controlling husband lives in Australia, he must be served at least 28 days before the court hearing. If he is overseas, the documents must be served at least 42 days before the court hearing.
You may or may not have to attend the divorce hearing depending upon whether you have children.
On the day of the divorce hearing, you will obtain a preliminary divorce order, which will automatically become finalised at the expiration of a period of 1 month from the date of the hearing.
You should not make plans to marry on a specific date until the divorce order is finalised. If you wish, you are free to complete and lodge a Notice of Intended Marriage with an authorised celebrant before the divorce order is finalised.
Once you have called our expert Family Lawyers in Sydney, with legal guidance you will be able to complete the process from beginning to end without the headaches of dealing with complicated regulations and court procedures. We will do the work for you, whilst focus on your moving forward with your life.