Understanding Divorce in Australia

 When you are going through a divorce, it helps to have experienced and qualified family law experts to help you navigate the uncertainties. Family lawyers can help you with a vast array of proceedings, including divorce arbitration, ensuring you can move forward with your life. It’s important to appoint a lawyer who specialises in divorce and separation matters. In Australia, the Family Law Act 1975 established the principle of no-fault divorce. This means that the court does not consider which party can be blamed for the marriage ending. As a result, the grounds for divorce are irretrievable breakdown of the relationship, as demonstrated by a 12 month separation period. Below is a closer look at the process.

What are the requirements to get a divorce?

When you are looking to legally end your marriage there are a few things that you need to prove, or do. Even if you have not been with your ex-partner for a number of years you are still legally married and this union affects your responsibilities. For example, if your ex-partner racks up debt, your legal rights may be impacted. Furthermore, you cannot get married again until you have legally divorced your ex-partner. Before a divorce is finalised you need to;

  1. Prove that you or the ex-partner is an Australian citizen
  2. Prove that you have a legal marriage (a marriage certificate is ample)
  3. Be legally separated from your ex-partner for more than 12 months
  4. For the last 12 months have lived in Australia

How to go about starting the divorce procedure

Divorce is not a fast process even with the best family divorce lawyer working on your behalf. After your application, it can then take a number of months to complete. The process of filing for a divorce involves;

  • First being separated for 12 months - You can divorce when you have been legally separated for a minimum of 12 months. It is possible to live in the same house during this time if neither can afford to move out but you need to still live separately.
  • Filling in and submitting the divorce application form - After at least 12 months of separation, you and your lawyer fill in the application for divorce and submit it to the court. If you are the only party applying for divorce you also need to serve the application to your ex-partner. You can also go through divorce arbitration.
  • A hearing date for the divorce order - Sometime after that application is filed a date for the hearing will be sent to you. If the court agrees to your application they will grant a divorce order.

Can your ex-partner partner oppose the divorce?

There are only very exceptional situations where a partner might be able to oppose a divorce:

  • If you and your ex-partner have not been separated for more than 12 months
  • If the court does not have the jurisdiction to grant divorce or if the court is not satisfied with concerns to do with the children’s welfare

The application to oppose is the Response to Divorce. You will need a valid reason for why you do not think the court should grant the divorce. Your family divorce lawyer can help.

Comments

Post a Comment

Popular posts from this blog

What Is Commercial Cleaning?

 If you are a business looking for some professional and trustworthy cleaners for your premises then you are looking for services in commercial cleaning on the Gold Coast or located close to you. Commercial cleaning is actually the more cost-effective option for keeping the business property clean and safe to work in. Having a work environment that is clean is not just about looks, although it does lift people’s moods to not work in bad conditions. It also boosts performance and is safer. This is your image as a business you are protecting. Who can benefit? Most if not all businesses can benefit from having professional commercial cleaning experts come to handle their cleaning needs. You might think that the cost is not worth paying but in fact, that is not the case. The cleaners are an investment into your physical space. While you could create and hire something in-house you then have issues like wages, benefits, holidays, training, equipment, materials and all of that to organ...
Read more

Key Advantages of Writing a Guest Post

Image
When it comes to making money online, most of the experts suggest blogging. This is the main reason behind the growing popularity of bloggers and blogs. If you want to earn money through a blog, you need to do a few things, including SEO, writing high quality of content and of course guest blogging. If you are a professional blogger, you must be aware of guest blogging, but if you are a new player in this field, you must know the key benefits of writing a guest post. Increase Traffic It is a known fact that the without having a decent amount of traffic towards your niche site, you won’t be able to earn desired amount of money. Hence, you do whatever you can to increase the human traffic. The more your site attracts traffic, the more chances would be to earn money. Deriving organic traffic towards your site is the first reason or benefit that insists you writing a guest blog. Needless to say like all other bloggers, you too want to have quality and genuine traffic towards your niche si...
Read more

Exploring the Ease of Paint by Number Kits for Beginners

 Embarking on a journey into the world of painting can be both exciting and daunting, especially for beginners. Paint by number kits have emerged as a popular and accessible option for those eager to dip their brushes into the realm of artistry. In this guide, we'll explore the ease of paint by number kits for beginners, delving into the reasons why they are an excellent starting point for individuals new to the world of painting. Guided Artistic Experience - A Paint-by-Numbers Introduction    Paint by number kits offer a guided artistic experience, making them an ideal starting point for beginners. Each kit comes with a pre-drawn canvas divided into numbered sections, corresponding to a specific paint color. By following the provided instructions, beginners can match the numbered sections with the corresponding colors, creating a beautiful painting without the need for advanced artistic skills. No Prior Experience Required - Anyone Can Paint One of the key advan...
Read more