Want a Divorce? Here are 10 Things to Remember

 If you’re planning on getting a divorce in Australia, there’s a lot for you to have to consider long before your application for divorce. Whether it’s same-sex marriage, de-facto relationship or long term relationship, there are specific legal processes that need to be completed before a divorce can be granted. So, if you’re thinking of divorcing, here are 12 essential things you need to keep in mind.

 


 

 

#1 – The Separation Period

 

As per Australian family law, you are required to prove separation from your spouse for a minimum of 12 months before you can make your application for divorce. This applies to all forms of relationships, including same-sex marriage and de-facto relationships.

 

#2 – Proving Separation

 

There needs to be a clear decision that marriage is over. Usually, separation entails moving into separate living quarters and starting legal processes that split finances, parental responsibilities etc. You can, however, still prove a separation even when living under the same roof.

 

#3 – Same-Roof Separation

 

It’s not always easy to just pack up and leave. So, if you’re planning on separating whilst remaining under the same roof, you will be required to submit an affidavit that stipulates the circumstances of your separation. This affidavit can cover things like how the end of the marriage was communicated, the proposed sleeping arrangements, and financial obligations.

 

#4 – The 2-Year Stipulation

 

If you have been married for less than two years, you can still apply for a divorce in Australia. However, you will be required to attend counselling to explore the possibility of reconciliation.

 

#5 – The On and Off Conundrum

 

What can happen is that you and your partner decide to reconcile during the separation period. Should this reconciliation not work out, however, the period of separation before and after reconciliation will still be considered.

 

#6 – Essential Documentation

 

You will need a copy of your marriage certificate, financial records and proof of residency or Citizenship in Australia. This is where a good family lawyer is essential, as they can help you make sure all your documentation is in order.

 

#7 – Overseas Marriages

 

If you tied the knot overseas, you might still be eligible to apply for a divorce in Australia. In this case, you will need to prove that you intend to live indefinitely in Australia, that you are or have been granted Australian citizenship and that you have lived in Australia for the last 12 months.

 

#8 – Sole or Joint Application

 

You can either make a sole or joint application for divorce. Even if one party is not in agreement with the divorce, as long as the courts are satisfied that marriage has broken down and the separation period has been met, the application can be made.

 

#9 – Take Care of Your Kids

 

In cases where there are children under the age of 18, it is essential that proper arrangements for the care, welfare and development of said children. This is not only limited to biological children. The right family lawyer will be able to advise you on matters like custody and parental agreements.

 

#10 – The Re-Marriage Issue

 

For some, there is the question of how long it will be before they can remarry. Once the court has granted your divorce application, a Divorce Order will come into effect one month and one day after the granting of the divorce. You can only apply for a new marriage once the divorce order has taken effect.

 

When it comes to divorce in Australia, you’ll want to know that you have the right team of family lawyers on your side. At Umbrella Family Law, we specialise in divorce, same-sex marriage and de-facto relationships. Our team of experienced lawyers will be able to help you finalise your application for divorce, as well as other matters, including parenting plans and property settlement. Contact us today to find out how we can help you. 


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