Australian family law is normally complex and filing for divorce in itself is quite stressful. The following information would help you come to terms with divorce with a little more ease.
Before you apply for divorce you have to consider the following things which could enable you to file for divorce:
- You and your spouse should be residing in Australia and consider it your permanent home
- Should own Australian citizenship or should be born and bred in Australia
- Have been residing in Australia for the past one year before filing for divorce
Before you apply for divorce, you and your spouse must already have stayed in separation for over twelve months. It is only after this period of separation is over can you actually file for divorce.
For couples who have separated yet live under the same roof have to undergo a series of processes which would ten culminate in a divorce petition.
For couples who have been married for a period of two years or less, the court might not grant immediate permission for divorce. This would only happen when both the spouses have sought counselling yet failed to resolve issues. The proof of the counselling should be made in the court.
Applying for divorce
Once the above mentioned issues have been resolved, one can file for divorce. It can be done if you are the sole applicant and it could also be done along with your partner.
The divorce case is put up in the court of family law by signing a specific form. All couples seeking divorce are supposed to fill a form on an online portal. You may also be required to fill in the necessary information. This may include reasons for separation and the reasons why you and your spouse are seeking a divorce.
Some couples need legal assistance. A family lawyer in Brisbane can help with the application process. However, it should be kept in mind that during the divorce proceedings matters like division of assets and child custody are not resolved. These are separate issues and need to be addressed at a different time. Only when the divorce is finalized are these things taken into consideration.
For couples who have children under the legal age of 18 must prove that they have made proper arrangements for their children after the divorce comes through.
Spousal maintenance issues are to be dealt with in the court as well. These can however continue along with the divorce proceedings. Attending the court for a divorce hearing is necessary in all the following instances. These include:
- If you are the sole applicant of the divorce proceedings
- Couples who have children under 18 years of age during the time they filed for divorce
- Those who have been married for less than two years should attend the proceedings as well.
Stone Group are family lawyers in Brisbane that you can talk to for more information on divorce.