Divorce: How Does it Work?

Filing for divorce can be a complex task – but it doesn’t need to be. Splitting property, finances and custody is by no means a simple thing, but working with a family lawyer means you have someone to help guide you through a process that can be emotionally charged.
So how does getting a divorce work?

Before getting a divorce, there are a few criteria that need to be met, including being separated for 12 months and arranging for the day-to-day support and living situation of any dependents.

In Australia, we have the principle of ‘no-fault divorce’ meaning a court does not consider why the marriage ended, just the evidence supporting that you and your spouse are separated and there is no reasonable chance of resuming married life.

Once those conditions have been met the process can be done directly through the Family Court.

The Process of Divorce

Making an application for divorce involves filling out several forms, either as a sole applicant or joint, and filing them to the courts. If it’s a sole application, these orders are then served to the other party and proceedings begin.

Further documents are then filed for both parties along with any required evidence before heading to any court appearances or hearings required. The separation of finances, plans for parenting arrangements and division of assets can be arranged during this process before even heading to court.

It’s important to remember there is a time limit of 12 months after a divorce order is granted to reach a property settlement between both parties. Otherwise, the legal ownership of the assets will continue as they are – requiring further legal proceedings to allocate the assets.

You don’t need to go at it alone

Submitting a divorce on your own can be a stressful experience no matter how amicable the end of a relationship is. It means placing the burden on yourself to work through legal documents and fill them out correctly in an emotionally charged situation, meaning mistakes can be made, stretching out the timeframe.

While the process can be stressful and time consuming, it also has the opportunity to provide closure.

Going through the divorce process with a family lawyer can help remove some of the stress and frustration while ensuring everything is done correctly and in a timely manner. We go through all the required information, from marriage documents to assets and custody arrangements, walking you through each step.

If you’re considering a divorce, don’t hesitate to get in touch with our team if you need some advice or guidance through the process