What to expect during a divorce
Whilst Divorce is an emotionally taxing time, it also involves complex legal considerations. Our aim is to help you navigate the journey with clarity and confidence. In this article, we’ll outline what to expect during a divorce and how to prepare for each stage.
Understanding the Divorce Process
1. Filing for Divorce
In Australia, the divorce process begins with one party (the Applicant) files an Application for Divorce with the Family Court. Key points to consider include:
Grounds for Divorce: Australia operates under a no-fault divorce system, meaning that the only ground required is that the marriage has broken down irretrievably, typically demonstrated by a separation period of at least 12 months.
Application Types: You can file an application individually (sole application) or jointly with your spouse (joint application). Joint applications can simplify the process. We will consider which option is most appropriate for you during your initial consultation.
2. Serving the Divorce Application
If you file a sole application, you must serve a copy of the application on your spouse. This ensures that they are aware of the proceedings and have the opportunity to respond. The court has specific rules regarding how this must be done, so it's important to follow the correct procedures. It is strongly recommended to use a professional process server however, we will discuss your options during your initial consultation.
3. Court Hearing
After filing, a court hearing is scheduled, usually within a few months. During this hearing, the court will confirm the details of the application and may grant the divorce. If children are involved, the court will also ensure that arrangements are in place for their care and welfare before a Divorce Order is made.
4. Financial Settlements and Parenting Arrangements
Divorce often coincides with discussions about financial settlements and parenting arrangements. These can be complex and may require negotiation or mediation. Key considerations include:
Financial Settlements: This involves the division of assets and liabilities. Both parties must fully disclose their financial positions, including property, superannuation, and debts. You have 12 months from the date your Divorce Order to start Family Court proceedings for a property division. If you don’t, you will be required to seek special leave of the Court to bring proceedings out of time, which has significant legal and financial implications.
Parenting Arrangements: If children are involved, you’ll need to establish how you will share parenting responsibilities. This may involve developing a parenting plan or seeking court orders.
We recommend that you obtain legal advice with respect to the above areas prior to filing for Divorce, to ensure you are protected and guided throughout.
5. Finalising the Divorce
Once all arrangements are settled and the Court grants the divorce, you will receive a Divorce Order. This order is the legal confirmation that your marriage has ended.
Emotional Support During Divorce
Divorce is often accompanied by a range of emotions, including grief, anger, and uncertainty. It’s important to prioritise your emotional well-being throughout the process. Consider seeking support from friends, family, or professionals who can help you navigate this transition.
Practical Steps to Take
Gather Documentation: Start collecting important documents related to your marriage, including your Marriage Certificate, citizenship documents, financial records, property deeds, and any agreements regarding children.
Seek Legal Advice: Engaging an experienced family lawyer can provide you with clarity and guidance. They can help you understand your rights, navigate the legal process, negotiate settlements and expertly draft applications and materials on your behalf.
Establish a Support Network: Surround yourself with supportive friends and family who can provide emotional and practical assistance during this time.
Plan for the Future: Think about your long-term goals and aspirations post-divorce. This can include housing, employment, and financial stability. Whilst this is a challenging time, it is important to focus on the future, and the life you are building.
Conclusion
Divorce is a significant life event that requires careful consideration and planning. By understanding what to expect during the process, you can navigate this challenging time with greater confidence. We are committed to providing the support and expertise you need to achieve a fair and equitable resolution. If you have questions about divorce or need assistance with family law matters, please contact us for a consultation.
