All You Need To Know About The Divorce Process

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All You Need To Know About The Divorce Process

25 April 2022
 Categories: , Blog

Divorce is one of the most contested issues in the Australian Family Law courts. Regardless, most people do not fully comprehend the divorce process in Australia. Therefore, they make slight errors that complicate the process or affect the outcome of the divorce. Nevertheless, this should not happen if you read this exhaustive piece on the divorce process in Australia. 

Who Qualifies For Divorce?

Any person who is legally married in Australia qualifies for divorce. However, you must meet the minimum eligibility criteria. For instance, you should be separated for at least twelve months. Besides, you must prove that the marriage is irretrievably broken. Suppose you have been married for less than two years; you will need a marriage counselling certificate when initiating the divorce. 

Who Initiates The Divorce? 

Either party can initiate the divorce process. You need to fill out some online forms that serve as the process service papers. As a rule, you should not serve these papers to your spouse. Instead, you should hire a process server or a family law professional to serve the papers. 

What Happens To The Kids During Divorce? 

Once the family court approves the divorce, the divorcing parties are required to attend a court session that determines the children's welfare during the divorce process. Typically, the judge makes temporary orders regarding living arrangements, visitations and the upkeep of any children. However, you can avoid this by asking your lawyers to draft consent orders detailing how you will take care of the kids when separated. 

How Do You Divide Wealth? 

Couples can determine how they will share wealth accumulated during their marriage. Typically, all they need to do is file a property settlement agreement with the family court. In some cases, the couple cannot agree on how to divide their assets. As such, the court decides on their behalf. Ideally, wealth accumulated before the union is not considered during property settlement proceedings. However, it can be considered if the other party played a significant role in managing the property.

When giving a ruling, the judge assesses the finances of both parties, their health, the need for spousal maintenance, the role that each party played in managing the family wealth, non-financial contributions of each party and the children's needs. 

A family lawyer is a vital aspect of the divorce process. The professional will ensure that you follow due process and negotiates on your behalf to guarantee the best possible outcomes. Remember to examine the family lawyer's availability, pricing and qualifications before hiring them.