Things to Know Before You Decide to File Divorce

Divorce is one of the most painful processes for a couple and their children. It comes with many stressful new events like parenting schedules, a new way of living, and sharing property. Now, with all these changes, it’s easy for spouses to be overwhelmed by emotions and fail to understand the entire divorce process.

Several rules apply in divorce cases, which both spouses must adhere to. For instance, in Australia, before one files for divorce, they or their partner must declare Australia as their home, in which they intend to live indefinitely. Also, they must be an Australian citizen, either by birth or have acquired Australian citizenship. Again, they must be living in Australia or have done so at least 12 months before applying for a divorce. Let us look at other things that you need to know before getting divorced in Australia. Are you looking divorce lawyer, then charity lawyers is the best option for you.

You Must Be Separated for One Year

You can only apply for divorce in the Federal Circuit Court if you and your spouse have separated for one year. For instance, if you separated on 11 January 2021, you have to wait until 11 January 2022 to apply.

You Must Know That You Are Separated

It should be clear to both of you that you are no longer together. That means that the person who wants to end the marriage needs to communicate clearly to the other party. This clarification is very important, especially if you’re living under one roof.

You Must Have a Way of Showing That You Are Separated

Although most couples will leave separately after separation, this isn’t always the case. But, if you will live under one roof, make sure you can prove that you were separated. Some of the things that the court will want to know are whether any of your friends or family members knew that you were separated and whether you or your partner informed each other about the decision to end a marriage. You also will need to file an affidavit to show that you were truly aware of the separation while living under one roof. If your friend or family member was with you during the separation, you may also need to file an affidavit by them.

Those Married Overseas Can Apply for Divorce in Australia

If you got married somewhere else, you can still file for divorce in Australia. However, you must meet these requirements;

• You or Your partner must be currently residing in Australia or have lived here for not less than 12 months
• One of you must be an Australian citizen by descent, birth, or has acquired the Australian citizenship
• You or your partner must consider Australia as your home and intend to live here indefinitely

Reconciliation Can Affect Your Divorce Application 

Couples must be separated for at least one year before filing for divorce. If during that period they reconciled and lasted longer than three months, the separation time starts to be counted afresh. For example, if a couple separates on 19 August 2018 and reconciles on 3 November 2018, but then separates again on 20 November 2018, they can’t file for divorce until 20 November 2020.

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You Need a Copy of the Marriage Certificate

The court will need you to provide a copy of your marriage certificate. If you can’t get it, apply to the territory registry or the state and have it before the divorce process begins.

Divorce Is Only Granted Once the Court Sees That a Marriage Is Completely Over

The court will only grant a divorce if it’s convinced that your marriage is broken down completely, and there’s no likelihood that you and your spouse will resume the marriage again. Once these two grounds have been established and you have been separated for one year from your partner, even if you don’t want a divorce, your partner can apply for it and get it. Note that you may be ordered to attend counseling if your marriage hasn’t lasted for more than two years to see whether you can reconcile.

The Court Decides Where the Children Will Go

If your children are under 18 years, you need to prove to the court that you’ve done proper arrangements for their well-being before the divorce is granted. When filing for a divorce, you’ll have to answer some questions which will inform the court about your children. Parents can also apply for “parenting” orders about children after separation, so they don’t have to wait until the divorce is finalized.

You Can Sort Your Property as Soon as You Separate

One doesn’t have to wait until a divorce is granted to sort out their property. Instead, they can apply for a “property order” soon after a separation.

You Can’t Get Re-Married Until Your Divorce Is Finalized

Once you have filed your application, you need to serve your ex-partner the documents by post and not in person. You’ll then be given a hearing date, usually between 4-6 weeks after your application. Once the court gets all the correct information, it will then approve your application, and your divorce can be finalized one month and one day after the court date you were given. For instance, if one applies on 4 March 2016, and is given a court date of 27 April 2016, if their application is approved this day, their divorce will become final on 28 May 2016. You’re not allowed to re-marry before this date. But depending on your circumstances, you can request the court to reduce this time.

Applicants Pay a Court Fee for Divorce

Currently, it is at $910. But those who receive income support payments from the commonwealth may pay a less amount.If you still have more questions, you can check the Federal Circuit online or have a divorce Brisbane lawyer explain to you.