How divorce works in Australia and what you need to know

No one marries thinking they will get divorced. However, the sad reality is that nearly a third of Australian unions will terminate under such disagreeable circumstances. Of even greater surprise is that a solid number of Australians are uninformed as to how the country's divorce process works. 

Certain key matters must be resolved before a court legally accepts a divorce's completion like property division and the establishment of parenting plans dictating provisions regarding how a couple's minor children will be cared for. 

A Divorce Lawyer Sutherland Shire implores clients to realize that concerns including asset allocation and entering into new relations can be undertaken while subjects are still legally attached. 

That said, separated subjects are urged to finalize their divorces before they die. Failing to do so could result in significant complications for desired heirs because a deceased person's property typically passes to their existing legal spouse. 

Many divorcing parties might wonder if a court will be needed for formal resolution. A divorce lawyer Sutherland Shire maintains that the short answer is no. However, this often hinges on both spouses demonstrating cordiality and a willingness to compromise and the foresight to retain the services of experienced divorce attorneys versed in the art of negotiation. 

The only time separating entities will be required to appear in court is if they possess minor children. Australian law mandates such subjects show up before an adjudicating body on the day of the divorce hearing. 

First, couples together under two years are required to seek marriage counseling before being granted a divorce application. 

Furthermore, the law demands that parting parties be legally separated for 12 months before any the court can endorse any divorce decree. Usually, this also means living separately. That said, the entities in question may live under one roof assuming they provide a written affidavit clearly showing they no longer consider themselves together. 

In addition, divorced subjects may only seek a court's assistance in resolving asset allocation for up to 12 months after the decree was approved. 

Besides the aforementioned matters, the process is somewhat cut and dried. A professional divorce lawyer Sutherland Shire can make sure clients complete all procedural requirements and endorse the appropriate paperwork. 

Applications may be filed jointly or solely. Those submitted with the written endorsement of both parties requires no further work. However, should a spouse file a sole application, said individual must formally serve their soon-to-be ex with divorce papers. 

Once the agreement is finalized, the Australian Commonwealth Courts Portal will post official documentation for concerned parties to access. It is recommended that said subjects download, print, and store these official records in a safe place. 

Completing divorce's administrative procedures is often the process's simpler part. Coping with the tension and emotional turmoil is a whole other story. Ergo, the experience and knowledge of a well-versed attorney can make all the difference in bringing about a successful outcome. 

The talented attorneys employed at Colin Dailey Quinn are committed to helping clients get through this difficult time as happily and beneficially as possible. For additional information about us and the services we provide, please visit 02 8556 0130.

Report this Page