There are two primary causes of marital dissolution:
Being apart for a small of a year: This is the most typical method of demonstrating an irreversible dissolution of marriage. The court will view your marriage as finally failing if you and your spouse have been living apart for a year or longer.
Other factors: Even if she hasn’t been separated for a full year, a court may decide in some cases that the marriage has failed. If there is proof of adultery, desertion, cruelty, or other severe marital misconduct, this might be the case.
What is the Process for Filing for Divorce in Australia?
Here are some tips to keep in mind when filing for divorce in Australia:
- Check eligibility:
- Complete the Application for Divorce:
- Attend a court hearing.
- Serve the application to your spouse:
- File a consent order (if applicable):
What are the Australian Requirements for Property Division?
In Australia, the concepts of equity and fairness control the division of property after a divorce or separation. This means that in deciding how to split the couple’s assets and debts, the court will take several things into account, such as:
- Contributions in cash:
- Needs for the future:
- Extra-monetary contributions:
- Realistic aspects to consider:
Separation and Divorce
Divorce and separation are two distinct legal processes in Australia, each with its own set of procedures and implications.
Separation
When married or de facto partners separate, their cohabitation ends. While it does not formally end the marriage or de facto relationship, it does start a phase of living apart, giving both parties time to adjust and plan their next steps
Divorce
A divorce dissolves the legal connections between the spouses and formally ends a marriage. It is based on the idea that a marriage has irretrievably broken down and calls for a court order.
Legal Requirements For Divorce in Australia
The legal requirements for divorce in Australia are as follows:
- Irretrievable breakdown of marriage:
- Jurisdiction:
- Application for divorce:
- Service of the application:
- Consent Order (optional):
- Court hearing:
- Cooling-off period:
- Certificate of Divorce:
Complex Divorce Matters
In contrast to a straightforward divorce, complex divorce matters involve some factors that make the divorce process more complex and difficult. These factors can include:
- High net worth and substantial assets:
- Complex business ownership or operations:
- Heated disagreements and lack of cooperation:
- Special legal issues:
- Multigenerational families:
- Hidden assets or income:
- Child custody disputes and complex parenting arrangements:
- International legal considerations:
Forte Family Law
Leading family law firm Forte Family Law is located in Melbourne, Australia, and offers professional legal counsel and representation in all family law-related situations. Forte Family Law, with more than 35 years of experience, is known for helping clients achieve their goals while taking a kind and encouraging stance.
Their team of experienced family lawyers is highly skilled in handling a wide range of family law issues, including:
- Divorce and separation
- Property settlements
- Child custody and parenting arrangements
- Spousal maintenance
- Domestic violence
- Prenuptial and postnuptial agreements
- De facto relationships
- Financial Agreements
- Surrogacy and adoption
- International family law
Conclusion
If you are considering getting a divorce in Australia, it is important to understand the legal requirements and to seek legal advice to ensure that your rights are protected. it is important to be aware of the potential implications and to seek support from professionals and loved ones.
