Probably the hardest thing in life next to losing someone you love to death is getting separated from the one you thought was “the one”. There are a lot of factors involved when getting a divorce. You could be spending a hell of a lot of money on lawyers, court appeals, not to mention a lot of mental peace of mind. Lets face it divorce or legal separation is torture. Few in a million people go through it without any hassles but what about the rest? Read on to find out more about everything you need to know about getting a divorce in Australia.
What counts for a quick divorce?
There is no instantaneous or rapid divorce in Australia. Partners must be separated for at least 12 months in order to apply for divorce, even if that means you plan to apply for divorce online. If there is a failed reconciliation period of three months or longer, the separation of 12 months begins again. It normally takes at least four months from requesting a divorce to finalizing it.
What if we lived together for the period of separation?
You can still get a divorce, but you have to prove that you are separated. It could be a stop to sex, live in separate rooms, have different accounts, cook your own food and be open to friends, families and even neighbors. The rules are the same for when you apply for divorce online.
If we're not married long, will it take less time for divorce?
You and your spouse will first have to attend a mediation session and be certified by your adviser if you have been married for less than two years. If for special reasons this cannot be done, an affidavit must be filed. Subsequently, standard procedures for divorce, including the separation period of 12 months, apply.
Is it still possible to apply for divorce online if my partner does not want a divorce?
Taking into account you can validate that your marriage has been "irreversibly disrupted," and there are reasons for divorce. All partners are however entitled to know about the divorce hearing and the filing of court documents whether you apply online or otherwise, is subject to stringent deadlines. You can file a response before the hearing if your partner is against a divorce.
Would I be punished by the court for having an affair?
There is a ‘no fault' jurisdiction in Australian law, meaning that divorce does not require shifting the blame. The court instead requires that the marriage be "irretrievably disrupted" for 12 months.
Are parental and property arrangements a part of a divorce in Australia?
You will have to make arrangements for parental and property barring divorce. Please note that the application must be received within 12 months of the finalization of the divorce if you wish courts to engage in your matrimonial asset matters.
Without a lawyer, is it possible to divorce?
You can apply for divorce online and attend to your documents yourself, which is one form of cheap and easy divorce online. However, you should ensure that your rights are represented by a legal attorney just so as to be on the safer side of things. You would not want to be in a mess by not knowing all the legal formalities.
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