15 Mar The Divorce Process in Australia: Advice From Family Law Experts
Divorce is a process in which you legally and formally separate from your spouse. Divorce proceedings are usually fairly straightforward under Australian law, but complications can arise when it comes to parenting arrangements and property or asset settlements.
As family law experts in Australia, we have dealt with plenty of divorce cases and have become very familiar with the process. If you are looking at getting a legal divorce, here is what you can expect.
Separate For 12 Months
Before you can begin the official divorce proceedings, you’ll need to prove that you and your spouse have been separated for 12 months or more. This period is set in place to ensure that you and your spouse have no chance at reconciliation. If you and your spouse do happen to reconcile for three or more months during the 12-month separation, the 12 months become invalid. You may be separated but live under the same roof, especially in the cases of where child care is involved. However, genuine proof will be needed that you have indeed been separated.
The Court Needs To Issue An Order
After this has taken place, you may or may not have to appear in court. The order may take up to four months to issue from your first meeting with your lawyer.
Your Spouse Cannot Oppose A Divorce Application
If you wish to get a divorce, there are very few instances in which your spouse can refuse the application. The only way in which they can refuse divorce proceedings, is if they claim that the separation period that you submitted is false.
Family Law In Australia Works On A No-Fault Basis
This means that the only official reason for divorce is that the marriage has irretrievably broken down.
Expect It To Be A Time-Consuming Process
Unfortunately, no matter the situation, divorce is often a time-consuming process that can take months to finalise. It goes without saying that you should hold back on planning your next wedding until the divorce from your current spouse is final.
Looking for family law experts in Australia? Get in touch with the professional and helpful team at Lapointe Family Law. Call us today, and we can begin discussing your family law needs. We are experts when it comes to divorce and can assist with many divorce-related legal aspects.