ConveyancingWhen Do I File for Divorce?

February 26, 20240

In Australia, divorce is provided for under the “no-fault divorce” principle, where you do not have to give specific grounds for obtaining a divorce from your partner. Actually, the only ground for divorce is an irretrievable breakdown of marriage, to be established usually in circumstances where the spouses have been separated for not less than 12 months. However, the element of time, among other factors, has to be clearly understood in relation to when and how to start the process of obtaining a divorce.

What No-Fault Divorce Means

Married couples are in a position to gain access to a divorce without either inflicting blame on each other or substantiating the misconduct. All that is required is that the marriage is completely broke down irretrievably, based on separation for at least 12 months. Of significance, two separated couples can even live under one roof and still be termed as separated if they are indeed separated.
What to Take into Account in Divorce

Children’s Welfare:

The concern is always given to care, whether it is biological or adopted or under common care. Proper provisions about the children of the marriage with regard to their care, welfare, and upbringing are taken into account on the foreground when granting the decree of divorce.

Property Distribution:

There is no current marriage at the time of a divorce that requires the parties to effect a split of matrimonial assets prior to the actual granting of a divorce. However, there is this post-granting provision for a period of 12 months where property division can be pursued without the leave of the court. De facto couples suffer under the same 2-year time limit from separation for property proceedings.

Reconciliation Considerations:

If it is established that the marriage has not been for a minimum of two years, the judge may, at his discretion, seek a certificate with the signatures of the parties involved to the effect: in an attempt to resolve the dispute between them, both parties have sought to consider reconciliation through a nominated organisation or an independent family counsellor, except for where such undertaking is.
It is important to know when a divorce should be filed, so there is no great impetus to rush to file immediately following separation, but it is also important to remain vigilant on the timeframes for property division and other matters.

Reaching Out for Help

If the thought of either separation or divorce has crossed your mind, then you need legal advice from a duly qualified family attorney. This will include professional guidance and support all delivered on an individual basis for each case. Be it the child custody arrangement, issues revolving around the divisions of property, or any matter related to divorce, our team of experts tries to facilitate you in getting through at each step.

Getting lost in the divorce minefield in Australia will mean coming to grips with all the legal requirements, timing issues, and potential pitfalls connected with the children and property division processes. Although the entire process of seeking a divorce would be quite unnerving, being driven with the help of a reputed family law firm can provide that needed handholding and expertise. Please do not hesitate to contact our Family Law team at A.L.F. Lawyers today for a free consultation if you are thinking about separation or have recently separated and would like more information or some initial advice.

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