Divorce in AustraliaThe separation process in Australia or any country for that matter can be a miserable case in a lot of couple’s lives. Divorce in Australia is a detailed process one must read about before going ahead with it.
Below mentioned are important steps for Divorce in Australia you must know before moving forward:
The Importance of the Date
The date of Divorce is extremely important with regard to marriage or de facto relationships, and not always clearly definable.
The date you have Divorce in Australia is essential to be recorded in writing preferably with the signatures of both parties. Nevertheless, evidence may also be in the form of an email or text mentioning both parties ' date of separation.
When applying for divorce and concluding property settlement, the two main reasons the date for separation is important. The Court cannot grant a divorce without the separation of you for 12 months. You cannot do it. If disputed, it will be delayed until the date of separation has proved to be the date on which your divorce application is filed.
What if both parties do not accept the Divorce in Australia?
If the dates differ among the parties when a divorce has taken place, this may affect the settlement of the property. This may affect the value of divided assets and liabilities.
Inconsistent separation dates can have a double impact on a de facto relationship. It is necessary that not only the parties show they had a de facto relationship, but that they also had a two-year limit from separation to completion of property settlement, under section 4AA of the Family Law Act 1975. If the date of Divorce is controversial, it may lead you outside the timescales required to deal with your matter pursuant to the Family Law Act 1975.
It is important to note that the Commonwealth Family Law Act does not govern de facto Western Australian relationships. The Family Court Act 1997 (WA) is applicable to them. However, in the Family Court of Western Australia all matters, whether you are married or are de-facto. For Western Australia the time limits and requirements are the same as for all the others when going through with the Divorce in Australia.
Some factors to take into consideration regarding the Date of Separation?
The reason that the separation date is not always clear is that sometimes the parties are left under the same roof; it can be a gradual process.
The separation factors include:
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If the ex spouses slept together in the same room after the supposed separation date.
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If the parties are dependent on each other financially.
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If each party was performing housework for each other, for example cooking or washing.
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If the separation was notified to any government departments, such as Centrelink or ATO.
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If there was a continuing sexual relationship between the parties.
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If the friends and family members of ex spouse knew of the separation.
Having to make arrangements for both children and property
The separation process in Australia has a truly different impact on people. When a separation has been agreed, it is important that you decide immediately on property and children and then go onto the divorce preparation.
Although not everything can be decided immediately or agreed, it is a good idea to start the process and to make some provisional arrangements. In order to help formulate these arrangements, the parties can also benefit from advice or mediation.
The type of decisions you will have to take at once included: who is going to pay which bills, who are going to be residing with the children, who is going to leave the family home or whether you will be both under the same roof? How is it that every party is going to support itself? These are all questions to keep in mind when beginning the divorce preparation.
Parties can also take part in the separation process at different stages. It is not unusual that one party does not accept the separation, and it is therefore difficult to discuss the necessary steps. It can also confuse when the actual separation date has been officially occurring at a later date.
Getting good legal advice is part of the divorce in Australia
Separation may initially be complex and confusing. It is difficult to know where to start and what to do. What settlement type should be considered, how the children should be arranged, if the parties are present for mediation or if the proceedings of the court should be initiated, is hard to know.
The early receipt of legal advice from family lawyers can help ensure that parties understand their legal rights, establish temporary provisions and provide a framework to conclude the matter. In turn, the early application of legal advice will contribute to the best result effectively and efficiently.
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