Breaking a marriage is a difficult decision to make, particularly when all of your assets are intertwined and there are children and pets to consider. Who gets what, when do you change your surname, and how long does it take? In order to get the maximum rights, it is necessary to Hire the Best Divorce Lawyer in Melbourne who is well qualified and experienced. Till then, you can follow the below FAQs about the divorce process to gain basic knowledge.
1. Can I get a quick divorce?
There is no such thing as an instant or fast divorce in Australia. Couples must have been apart for at least 12 months before filing for divorce. If there is a three-month or longer period of unsuccessful reconciliation, the 12-month separation period begins again. It normally takes at least four months from the time you file for divorce to the time you get divorced.
2. We haven’t been married long; does this mean a divorce will take less time?
If you and your spouse have been together for less than two years, you must first attend a mediation session and receive a certificate from your counsellor. Contact the Family Relationship Advice Line to make arrangements. If neither you nor your partner can attend counselling together, an affidavit must be filed. Following that, traditional divorce procedures, including the 12-month separation period, are followed.
3. If my partner doesn’t want a divorce, is it still possible?
Grounds for divorce will be formed if you have been apart for 12 months and can prove your marriage has “irretrievably broken down.” However, if they live in Australia, both couples have the right to know about the divorce hearing, so papers must be served on them by a third party 28 days before the court hearing. If your spouse is against the divorce, they have the right to file a response before the hearing.
4. Can I remarry immediately after divorce?
Your current marital status is not deemed final for another month after you obtain your divorce certificate. No, don’t remarry right away because it’s called bigamy!
5. Will the courts punish me because I had an affair?
There is a ‘no fault’ jurisdiction in Australian law, which means the divorce does not entail the shifting of blame. Instead, the court wants a 12-month separation to determine whether the marriage has irreversibly broken down.
6. Does a divorce include parenting and asset arrangements?
Outside of divorce, you’ll need to make parental and property arrangements. If you want the courts to look at your matrimonial estate issues, you must apply within 12 months of the divorce being completed.
Equal rules govern Australian law. If there is a dispute about the division of matrimonial assets, the court considers each party’s non-financial and financial contributions. When it comes to parental disputes, the court looks out for the child’s best interests.
In short, it is better to hire a reputed law firm, even if it’s divorce lawyers or Personal Injury Lawyers Melbourne. It is suggested to follow a professional help.