Divorce is a critical aspect of Australian family law. The truth is, most people do not understand the divorce process in Australia. As such, they end up making errors as they divorce their partners. Below is an extensive excerpt on the divorce process in Australia.
Under the Family Law Act 1975, the Australian Family Court works under a no-fault principle when granting a divorce. Simply put, the court does not need to know the reasons why a couple wishes to divorce. However, the parties must prove that their marriage has irretrievably broken down. Besides, you must meet the minimum divorce requirements. Typically, your marriage or de facto relationship must be recognised in the country, and you must have been separated for at least one year.
Divorcing parties could opt to make individual or joint applications when filing for divorce. If you make an individual application, the court will provide you with divorce papers summoning your spouse to court. You are not allowed to deliver these papers. Instead, you should hire a process server or a person above 18 years to deliver these papers. This individual is required to sign an affidavit showing the other party received the documents.
Your spouse could either consent or decline the divorce application. If he or she accepts, the Family Court will nullify your union. A divorce application can be challenged if the parties do not meet the minimum requirements or if the court does not have jurisdiction over the matter.
Australian law encourages divorcing parties to settle their marriage through an out-of-court process. As such, the parties should decide how they will raise their children and divide property. Your divorce lawyers will help you draft parenting plans that explain each parent's responsibilities in regard to raising the kids. The parenting plan is a negotiated agreement that can be changed to suit changing conditions. If you cannot agree, the court will decide on your behalf and give parenting orders. However, you could opt to nullify these orders with a parenting plan if you feel that the court does not understand your situation.
You are also required to draw a financial agreement detailing how you will divide your wealth. An unemployed or financially unstable partner could seek spousal maintenance from their spouse. It can be paid as a lump sum or in instalments until their financial situation improves or they get into another relationship. Your lawyers will file the agreement in court to make it legally binding. If you cannot agree, the court will issue financial orders detailing how you will share the property.
An experienced family lawyer can help out with your divorce case. The lawyer will file the divorce application, assist with process serving and represent your interests when drafting parenting and financial arrangements. Talk to a lawyer to learn more about family law.
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