Divorce Lawyers

How to Get a Divorce in Australia

When our clients approach us about their divorce law rights, it is understandable that they feel apprehensive.  At first divorce and separation can seem confusing.  Divorce comes at a time when we feel overwhelmed with changes in our personal relationships where we are focusing on moving on and yet we must deal with the legal nexus of separation and divorce.

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When our divorce lawyers approach your divorce, we take a step back to look at the bigger picture. This is important because it is easy to get lost in the detail and this is often when clients feel frustrated and overwhelmed. When you see the bigger picture, the details make more sense as you can see the light at the end of your tunnel.

 

There are legal implications once a divorce is made which you need to be aware of.  Contact our family lawyers and family mediation lawyers to find more information about divorce in Australia and to develop a strategic plan to complete your divorce and separation so you can move forward. 

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What is The Divorce Process?

There are five common aspects to the divorce process, although this may be different depending on your circumstances.  Our top divorce lawyers can provide you with legal advice based on your individual circumstances.

 

The typical steps which form part of the bigger picture around divorce law are:

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1. The Act of Divorce Itself

The act of the divorce is where a family law court order is made granting the divorce which dissolves your marital relationship.

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2. Separation of Property and Financial Resources 

The separation of property and financial resources available under the family law or by understanding the risks and legal consequences of foregoing a formal property settlement. Consulting with a property settlement lawyer can help you navigate this process.

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3. Settlement of Any Spousal Maintenance Rights

Any legal rights to spousal maintenance may accrue due to the marital relationship and separation. Careful consideration of each spouse's circumstances will determine the eligibility for spousal maintenance and child custody arrangement.

 

4. Parental Responsibility and Care Arrangements

The resolution of intervention orders, parental responsibility, and care arrangements for any children of the marriage is important to create a sense of security and safety for parents and children alike.  This should include each parent understanding their rights and the rights of the children.

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5. Child Support Obligations and Payments

If there are children of the marriage, there may be eligibility to child support payments, parents can enter into a child support agreement and should understand their rights about the way diverse ways child support can be paid and the ways child support obligations can be assessed. If you're not married, consulting with a de facto lawyer is recommended.

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Getting Divorce - Ending Your Marriage

Before you can apply for a divorce through a divorce application, you must meet the legal requirements to obtain the divorce. The legal requirements to obtain a divorce are:

1. Your marital relationship has broken down irretrievably.  This means that there is no prospect that your marital relationship will resume.

2. More than 12 months have passed since your separation.  You should keep in mind that you can be separated while living under the same roof.

3. You must be an Australian citizen or domiciled in Australia or have been ordinarily resident in Australia for 12 months.

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Important Divorce Considerations

1. An Application for Divorce does not deal with property division, spousal maintenance, parenting arrangements or child support.  This is done through the separation process outlined above.

2. Once your divorce is granted, time limits apply to property settlement, as such, you should have a strategy in place to commence and resolve your property settlement or you may lose your property settlement rights.

3. If you do not know where your spouse is, we can still help you obtain a divorce.

4. If your marriage has been shorter than two years, you may need to attend counselling before a divorce order will be granted.

5. If you were married overseas or have property overseas, consideration must be given to the best jurisdiction for divorce.  It may not be in your best interests to divorce in Australia.

6. Your marriage certificate must be recognised in Australia.

7. If you have children, appropriate arrangements need to be proposed for the welfare of the children if not already in place.

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Divorce Advice from Divorce Lawyers

Getting through a divorce can seem overwhelming and complex at times.  Divorce does not have to be as frustrating as many people find it.  We always recommend obtaining divorce law legal advice from a trusted family lawyer to help you see the bigger picture, clarify the small details and resolve your family law issues with as little time lost to you as possible.

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Book a divorce service below or contact us on 1800 976 214.

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