In Australia, the court follows 4 steps when it comes to working out who gets what in divorce. Here are the 4 steps:
1. Determine and value all of the property of the parties
2. Review the contributions of the parties
3. Recognize the needs of the parties
4. Identify what a fair and equitable division would be
So, if you’re wondering who gets this and that, it will most like come down to properly understanding what is in your shared property pool and then bearing in mind the contributions and necessities of each of you.
A Quick Divorce is Not Possible
An instant divorce doesn’t exist in Australia, there is no such thing. In order for both parties to apply for divorce, they must be separated for a period of at least 12 months. If there is a time of failed reconciliation for three months or more, the 12-month separation resets. From appealing for a divorce to finalising one, normally takes at least four months.
Moreover, if you haven’t been married long, for instance, you’ve only been married less than two years, you and your spouse will be required to visit a mediation session and acquire a certificate from your counsellor. If this is not possible for special reasons, an affidavit needs to be filed. Eventually, standard divorce measures apply, along with the 12 month separation period.
Punishment for Having an Affair
You might ask if the courts will have to punish you because you had an affair, the answer is no. Under the Australian law, like what we’ve discussed above about the ‘no fault’ jurisdiction, which means the divorce doesn’t necessitate blame to be shifted.
Rather, the court will require a 12-month separation to see that the marriage has irretrievably broken down.
Parenting and Asset Arrangements are Outside of Divorce
Divorce in Australia doesn’t include parenting and asset arrangements, you would need to make parenting and property settlements outside of divorce. But if you want the courts to engage in your matrimonial asset concerns, you need to know that the application must be received within 12 months of the final completion of the divorce.
You may want to seek help from central coast lawyers for legal representation.
How Can I File for a Divorce in Australia?
You may apply for a divorce in Australia by filing an application online, or by completing the essential forms and posting them to a Family Law Registry for application. Here are some of the things you must send:
Obtain an Application for Divorce form which has been signed and sworn or declared by a lawyer, Justice of the Peace, or a qualified witness. Don’t forget to include the original document and two photocopies of the following:
- A duplicate of your marriage certificate. This one doesn’t need to be sworn, certified, or affirmed; and
- All other important documents you may believe be relevant to your application, including a certificate of your citizenship or another copy of your visa. Remember that you must include three copies of each needed document in your application.
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