Understanding the Divorce Process in Australia

 

1. Understanding the Divorce Process in Australia

Step 1: You separate
You and your partner agree to separate and divorce. Or, one person may end the relationship and tell the other that they want a divorce. In either case, you may want to send them an email or letter confirming your intentions, just in case your separation date is later challenged in court.
In 1975, the law in Australia changed and now all divorces are “no fault” – essentially, you and your ex agree that you have irreconcilable differences and have decided to separated. “Mistakes” such as adultery, cruelty, etc. is no longer suitable.
In most cases, one of the partners will leave the marital home. However, if you cannot afford to live in a separate residence or if you choose to continue living in the same property for other reasons, you can “separate under one roof” while still sharing same living space.
But now you have to live your own life - sleep in your own bed, cook your own meals, etc. When filing for divorce, you, your ex-partner and friends or family members will need to sign affidavits (with some supporting information). ) assumes that you and your ex are in fact "separated under one roof".

2. Is there anything I should do immediately?

Correct. The end of a relationship is a traumatic time – for everyone – but you have to take care of yourself. And part of that process is solving some simple financial problems. They may seem unimportant now, but in the future they could prove invaluable. Here is a list of things to do as soon as possible:

Make a list of all your assets and debts

– divide them into those in your name, your partner's name and joint names. Block your joint bank accounts and credit cards

- just in case your partner does something without your approval and you can't pay rent etc. Make sure your salary and any other income goes into an account that only you can access. Make sure you're not the only one paying the mortgage, car payment or utility bill. Get copies of tax returns, credit card statements, investment accounts, utility bills, bank statements, insurance policies, retirement accounts, and more. Update your will

- and if you don't have one already, write one immediately. Finally, see what you can afford and set a budget

- this can help you decide whether you can buy the property back from your partner or buy a new one. And the above list applies equally to both men and women who are separating.

3. What if you've been married for less than a year?

If you have been married for less than a year and decide to separate, you and your ex should get counseling. This is required by Australian law and demonstrates that you have at least thought things through and tried to mediate. The counselor will then issue you a counseling certificate proving that you have completed the counseling session.
If there are special circumstances that make mediation impossible or inappropriate, you should notify the court and request that this requirement be waived. You can find more information about finding a mentor.
If I am not married in Australia, can I get divorced here? Yes, you can file for divorce in Australia in the following 3 cases:

Or you or your spouse are Australian citizens
You have lived in Australia in the past 12 months, or
You consider Australia your home and intend to live there permanently.

4. When are two people considered separated?

It is not necessary to be “physically” separated to be considered legally separated. You can still live in the same house as your partner, but you are considered “separated” for the purposes of the law. Even if only one person initiates the separation, you can still be considered legally “separated,” even if you don't want or ask for it.

Step 2: Agree on how to allocate your financial assets
As soon as you decide to separate, you and your ex-spouse can begin to discuss and agree on how to divide your financial assets, debts and any current financial commitments (not including alimony raising children, will be discussed later). A financial settlement can usually be agreed within a few weeks if your relationship with your ex is amicable. However, if your relationship is not amicable and you must use the legal process to divide your financial assets and short-term liabilities, the process could take 2 or 3 years. The longer it takes and the more attorneys involved, the less likely it will be for you, your ex-spouse, and your children.

The financial settlement you reach is formalized in what is called a separation agreement. This document is legally binding and remains confidential between both parties. However, if you foresee possible problems in the future, you can ask the court to make what is called an injunction. Remember that if you choose to do this, the court will decide how to divide your financial assets – and that may not be what you want. They will also require you to demonstrate that you have attempted a settlement (through a separation agreement), may require you to participate in mediation, and your agreement will become part of the public record.
You can apply to the court for an order at any time after separation, up to 12 months after your divorce is finalised. This procedure is separate from the divorce application procedure.

5. Why should professionals use ACC Law Firm's Divorce services?

• Legal Expertise: ACC Law Firm specializes in family law and divorce procedures in Australia. Their experienced attorneys possess in-depth knowledge of the legal complexities involved, ensuring that professionals receive expert guidance.

• Jurisdictional Understanding: Divorce laws and procedures can vary by state and territory in Australia. ACC Law Firm is well-versed in the specific legal requirements of different regions, ensuring that professionals navigate the divorce process smoothly and in compliance with local laws.

• Efficiency: Divorce proceedings can be time-consuming and complex. ACC Law Firm streamlines the process, helping professionals complete all necessary documentation efficiently, reducing delays and disruptions in their personal and professional lives.

• Conflict Resolution: Divorce often leads to disputes, especially regarding property division and child custody. ACC Law Firm excels in conflict resolution and negotiation, helping professionals reach amicable agreements that minimize legal expenses and emotional stress.

Q&A

Question 1: What are the legal grounds for divorce in Australia?

Answer 1: In Australia, the sole ground for divorce is the irretrievable breakdown of the marriage, which is usually demonstrated by a 12-month separation period. There is no requirement to prove fault or misconduct.

Question 2: What is the first step in the divorce process in Australia?

Answer 2: The first step in the divorce process in Australia is to file an Application for Divorce with the Federal Circuit Court of Australia. This initiates the legal proceedings.

Question 3: Is it mandatory to attend counseling or mediation before obtaining a divorce in Australia?

Answer 3: No, it is not mandatory to attend counseling or mediation before obtaining a divorce in Australia. However, the court may encourage parties to explore reconciliation or alternative dispute resolution methods if there are children involved.

Question 4: How long does it typically take to finalize a divorce in Australia?

Answer 4: After filing for divorce in Australia, the process usually takes around 4 to 6 months, assuming there are no complications or disputes. Once the divorce is granted, there is an additional one-month waiting period before the divorce becomes final. However, the time frame can vary based on individual circumstances and court workload.