Divorce is never an easy decision, and it can be a challenging and emotional process. If you are considering getting a divorce in Australia, it is essential to understand the legal requirements and complexities involved. From filing for divorce to property settlements, there are several things you need to know before making one of the most significant decisions of your life.
In this article, we will explore the essential things you need to know if you want to get a divorce in Australia. We will discuss the legal grounds for divorce, property settlement, asset division, choosing a divorce lawyer, and much more. By the end of this article, you will have a better understanding of what to expect during the process of getting divorced in Australia.
Understanding the Divorce Process in Australia
Divorce is never easy, but understanding the process can make it less stressful. In Australia, the divorce process is straightforward and can be completed in as little as four months.
The first step is to complete an application for divorce and submit it to the Federal Circuit Court of Australia. Before submitting the application, you must have been separated from your spouse for at least 12 months. Once the court receives your application, they will assign a hearing date. If everything goes smoothly and there are no complications, you will receive a divorce order one month after your hearing.
It is important to note that divorce simply ends your marriage – it does not deal with property settlements or child custody arrangements. Those matters must be dealt with separately through negotiation or court proceedings.
While divorce can be emotionally challenging, understanding the legal process can help alleviate some of that stress. It may also help to consult with a reputable family lawyer & property settlement lawyer who can guide you through each step of the process and provide legal advice where necessary.
Grounds for Divorce in Australia
The Family Law Act of 1975 governs the divorce process in Australia, and it allows for only one ground for divorce, which is the irretrievable breakdown of the marriage. The applicant must prove that they have been separated from their spouse for at least 12 months before filing for divorce.
However, it should be noted that simply living separately from your spouse does not necessarily mean you are legally separated. You need to prove that there has been a physical and emotional separation, which means that you are no longer behaving as a married couple would. This can include sleeping in separate bedrooms, not attending social events together, and not performing household duties for each other.
It’s important to note that if there is a possibility of reconciliation with your spouse or if you have been married less than two years, you may be required to attend counseling or mediation before your divorce can be granted.
Property Settlements and Asset Division
One of the most significant aspects of divorce is dividing property and assets. In Australia, this process is referred to as property settlement. It can be a complicated undertaking, especially if there are many assets to distribute.
Marital property includes all assets and liabilities accumulated during the marriage. This includes real estate, vehicles, bank accounts, investments, retirement accounts, and even debts. The court will consider several factors when deciding on an equitable distribution of assets, including each spouse’s contribution to the marriage in terms of income and non-financial contributions such as homemaking or child-rearing duties.
If you have substantial assets or complex financial arrangements such as businesses or international holdings involved in your divorce case, it’s essential to engage the services of a competent lawyer with experience in asset division matters. Your lawyer can guide you through the complex legal processes involved in achieving a fair outcome for both parties.
Choosing a Divorce Lawyer
Choosing the right divorce lawyer can be a daunting task. It is essential to make an informed decision as the outcome of your case depends on it. The first step is to find a lawyer who specializes in family law, specifically divorce cases. It is advisable to seek recommendations from family and friends or conduct research online.
When you have shortlisted lawyers in Perth, schedule consultations with them. This will give you an opportunity to discuss your case with them and get a feel for their style of practice. During the consultation, ask about their experience in handling similar cases and their success rate. Inquire about their fee structure and ensure that you understand what services are included in the fee.
It is also important to consider how well you connect with your potential lawyer. Divorce cases can be emotionally draining, and it’s essential to have someone who can provide compassionate support while remaining objective throughout the process.
A good divorce lawyer should have excellent communication skills, be responsive to your queries, and keep you informed about any developments in your case regularly.
Hiring a skilled divorce lawyer & commercial property lawyers Perth can help ensure that your interests are protected during this challenging time while providing valuable guidance throughout the process.
Conclusion
In conclusion, getting a divorce in Australia can be a difficult and emotional process, but understanding the legal framework and choosing the right lawyer can make all the difference. Remember that this is not the end of your life, but rather a new beginning. With time and healing, it is possible to move forward from this experience with strength and positivity. Take care of yourself during this time, seek support from loved ones or professionals if needed, and know that brighter days are ahead.
