Ending a marriage requires a lot more planning and legal work than it takes to start one in the first place. If you are contemplating a divorce, it is important to understand that it is a process rather than an event. This means that there are a number of processes and steps you will have to go through and plan for before you can call it quits with your significant other.
Below, find out what these steps and requirements are:
Child custody arrangements
If you and your partner have had kids within the marriage, it is required that you discuss their welfare and custody matters before making a divorce application. This entails discussing whether to have sole or shared physical and legal custody. This applies for children below 18 years of age. These decisions can be reached through a mediation process or the court can make a decision on your behalf. If you feel that you want to have custody for one reason or the other, and your partner objects, you can seek this mandate directly from the court.
Property and wealth division
Another important issue that you will be required to tackle before making the divorce application is that of property and wealth division. This entails drawing up a list of properties and wealth owned and allocating who gets what. Properties can also be sold and the proceeds divided. This process also involves discussing alimony for dependent partners. A monetary award should also be considered where distribution of wealth is imbalanced. After a divorce has been finalised, both parties have only 12 months to seek any redress to these arrangements.
Separation
Under the Australian Family Law Act, married couples must first 'separate' for 12 months prior to filing for divorce. This separation period allows couples to demonstrate that the end of their marriage is conclusive and that there is little likelihood of reconciliation. During the separation period, you and your partner may live apart or under the same roof.
Divorce application
Once all the above requirements have been met, you can now apply for a divorce. This entails filling an application form which will be filed with the court. You can make this application solely or jointly with your partner. A hearing date will then be set by the court registry. If all the application requirements have been observed, a marriage dissolution order will be issued by the court.
In almost all divorce cases, there are often complications and difficult considerations that need to be made. These may touch on child custody, property, separation, and/or reasons behind the divorce. Therefore, as you start to plan your divorce, seek a family law solicitor for sober advice and proper coordination of all the above prerequisites.
Share29 October 2015
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