Planning to End Your Marriage? Read the Ultimate Guide of Divorce!

Nowadays, relationships have become complicated and more stressful than a blue-collar job. You can tolerate your nepotist boss to some extent but not your spouse. At the time of anxiety, you run out of your emotions, lose your temper, and that’s where violence occurs. The time comes when love, relationship, and marriage, everything, gets messed up and you think of separation.

If you are going through the same situation in Australia, then you need a lawyer to untwine your lives from each other. You will need to go through the process of divorce. There are many divorce lawyers in Northcote, who will help you in the legal process of separation. Also, further in the blog, we’ll be sharing an ultimate guide of divorce, if you are planning to end your marriage.

How can you apply for a divorce in Australia?

To file a divorce in Australia, you need to fill a divorce application form online or by visiting the family law court. You also will be asked a certain amount of fee as per the legal norms. For the people who are experiencing hardships may be asked reduced application fees.

What’s required to have a divorce application form approved?

To get the application form approved, you and your spouse need to have:

• Negotiated on how to split your financial assets and obligations with the separation agreement
• Agreed on the custody of the minor child
• Not lived together for at least 12 months, and
• No possibilities of returning to marriage

If you are unable to agree on the above matters, then the court will decide before granting a divorce.

In case you are married out of Australia, can you still file a divorce?

Yes, you can still file a divorce under three situations:

• You have lived in Australia for the past 12 months,
• Either you or your spouse has Australian citizenship, or
• You consider Australia as your home country and wish to live here

What is a separation agreement?

A separation agreement, also known as property settlement agreements, is a statement of how both partners agreed to split their assets. It will also include the contentment of the alimony. Generally, it's managed without the intervention of court or divorce proceedings. You can even enter into this agreement before applying for a divorce.

What are the benefits of a separation agreement?

There are a few gains for you when you have a separation agreement:

• Savings on stamp duty on property transfer
• Quicker resolution
• Less stressful due to mutual consent
• Saves money on the long litigation process

What if you want to file a divorce within a year of your marriage?

If you decide to separate within a year of your marriage, then you and your spouse will be required to attend counselling sessions. The counsellor will grant you the certificate, which will state that you were present in the sessions. And it needs to be presented in the Australian court.

If you cannot visit the sessions due to some exceptional circumstances, then you need to advise the court and ask to drop down this requirement.

How to care and pay for your children?

You and your spouse need to discuss and make a decision on who will continue raising the children (under 18 years) after your separation. It will also include how many times the parent (who will not continue to raise the children) will meet the children.

There will be two agreements related to your children. One will be a parenting plan which will state how you will take care of your children. The second one would be a child support agreement that will include how you will meet the costs of raising your children. These agreements can be re-negotiated and changed over time with the consent of the parents.

As per Australian law, parents have an equal right in caring for their children. Older children can spend a week with their mother, and another week with their father. Whereas, the younger children usually live with their mother and spend their weekends with their father.

If you do not have children (under 18 years), then you can skip this portion.

What if you do not agree on how to care and pay for the children?

If you and your spouse do not come to a decision, then the court will ask you to attempt mediation using the family dispute resolution service. And if you still fail to settle, then the intervention of the court will be required. You need to fill an application form along with a fee, and the court will give you a date.

The court will not favourably look at disputes involving children. So, you and your spouse should resolve the issues and provide what’s best for your children.

What’s the whole procedure to dissolve the marriage?

Before starting the procedure of dissolving your marriage, you need to live separately for at least a year. The Australian law allows you to get back together for three months before the 12 months count down begins. Then you need to fill the divorce application form either solely or jointly. It needs to be signed by the justice of the peace and your lawyer. After that, you need to submit two copies of the application form, marriage certificate, supporting documents, and fee to the family law registry in your territory.

The registry will stamp the application and will give you a file number along with the date and time for a court hearing (generally in 2-4 months). At the hearing, the court allows the divorce and issues a final order. It takes one month and one day to come into effect after being issued. Then, the court sends the certificate of divorce to both the partners, and then the marriage is dissolved.

How long you’ve to wait to change the maiden name?

You are permitted to change the maiden name before, during, and after your divorce. But for changing the name of the children, the consent of both parties is required.

Can you remarry soon after your divorce?

You cannot remarry immediately after your divorce. If you do, then your marital status will not be considered final for a month after you receive your divorce certificate. The court will regard it as bigamy.

Ask for the support:

Not all relationships have a happy ending. No matter how strong and independent you are, it is ok to breakdown, cry, lean on someone’s shoulder, and ask for the support. Contact your family members, close friends, and navigate your emotional aspects with them. In the beginning, you can even contact your family lawyer in Northcote or nearby to your area, and ask for legal advice.

Splitting up with the person you once loved is a critical phenomenon, therefore, take all your decisions nonchalantly.