Divorce is one of those life events that should never be taken lightly. Therefore, the decision to get divorced can also be extremely difficult. As you may know, there will be a lot of complex emotions, and you could be experiencing an avalanche of confusion that comes along with the end of your marriage.  

The good news is that you’re not the only one dealing with this. This article will help you learn more about the process of getting divorced in Australia by providing answers to eleven things or questions that you have always wanted to ask about going through the divorce process.

We’ve Only Been Married For A Month—Does This Mean It Will Take Us Less Time To Get Divorced?

If you and your spouse have been married for less than two years, you must first attend a mediation session and obtain a certificate from your counselor. Due to exceptional circumstances, an affidavit must be filed if this is not possible. Following that, standard divorce procedures, including the 12-month separation period, apply.

Have You Found The Best Divorce Lawyer To Handle Your Case?

A divorce can be a complicated affair, especially if children are involved. If you’ve decided to end your marriage, you want to do it as efficiently and cost-effectively as possible. This is not the time to try to save money by representing yourself in court. It’s crucial to find a lawyer who can help you get through the process with as little stress as possible. For that reason, you should immediately get in touch with a distinguished divorce lawyer from Australia like Annelie Van Zyl to find out how you can protect your legal rights.

What If We’ve Been Living Together During Our Separation?

It is still possible to get a divorce, but you must provide proof that you are separated. This could include ceasing sexual activity, living in separate rooms, having separate bank accounts, cooking your own meals, and being open about your divorce with friends, family, and even neighbors.

Can I Get A Divorce Quickly?

There is no such thing as an instant or quick divorce in Australia. Partners must be separated for at least 12 months before filing for divorce. If there is a three-month or longer period of failed reconciliation, the 12-month separation, is restarted. It typically takes at least four months from filing for divorce to finalizing one.

Is A Divorce Still Possible If My Partner Does Not Want One?

Grounds for divorce are established if you can demonstrate that your marriage has ‘irretrievably broken down.’ All partners, however, have the right to know about the divorce hearing, and there are strict deadlines for submitting court documents. If your spouse is opposed to the divorce, they can file a response before the hearing.

Do The Courts Always Rule In Favor Of Wives Over Husbands?

Fair principles guide Australian law. For example, if there is a disagreement about how to divide matrimonial assets, the court considers each party’s non-financial and financial contributions. When it comes to parenting disagreements, the court looks at what is best for the child.

 

Can I Get A Divorce In Australia If I Married Outside Of Australia?

If you live in Australia and are a citizen or resident, you can file for divorce here. You’ll need a copy of your marriage certificate, and if it’s not in English, you’ll need to provide some additional documentation.

Will The Courts Punish Me For Having An Affair?

Under Australian law, there is a ‘no fault’ jurisdiction, which means that the divorce does not require the shifting of blame. Instead, the 12-month separation is required by the court to determine that the marriage has ‘irretrievably broken down.’

Does A Divorce Include Child Custody And Asset division?

Outside of divorce, you will need to make parenting and property arrangements. If you want the courts to intervene in your matrimonial asset matters, you must file an application within 12 months of the divorce being finalized.

Can I Remarry Right After My Divorce?

Your new marital status is not considered final for another month after you receive your divorce certificate. So, don’t remarry right away – it’s considered bigamy!

Do I Have To Wait After A Divorce To Use My Maiden Name Again?

You are free to use your maiden name before, during, and after your divorce. Both parents must agree to change their children’s names.

 

 

Final Thoughts

Finally, it’s best to go with a law firm with a good reputation and hire a divorce lawyer from your area. When filing for divorce, the attorney can attempt to reach an agreement with the soon-to-be ex-husband and ex-wife. Throughout the divorce process, all issues will be brought to the table for discussion and resolution. Custody of the children can be worked out between the two of you, or by the court if you have children. All necessary papers will be gathered in order to file papers at the courthouse. Real estate will be divided or sold. When it’s all said and done, you’ll both sit down and sign the divorce papers.