Did you know that the divorce rate in Australia is 1.9 per 1000 people? The truth is, most of these people do not understand the divorce process in Australia. The excerpt below tackles some divorce FAQs with the intent of increasing your knowledge of the subject and ensuring you have an easy time divorcing your partner.
1. Do You Need a Divorce Lawyer to Divorce Your Partner?
You are not legally obligated to hire a lawyer as you seek divorce. However, a lawyer can significantly ease the divorce process. For example, they will assess your situation to determine if you qualify for a divorce. The lawyer will also help with the process filing process. If your partner has been avoiding divorce, the lawyer will argue your case in court to ensure you are granted divorce in the absence of your partner.
2. Do You Need to Go to Court?
Your situation will determine whether or not you require a court hearing when applying for a divorce. You are required to attend a court session if you have children below 18 years before the divorce. The purpose of this session is to ensure that you have made reasonable arrangements regarding your kids' welfare. The Family Court encourages couples to use negotiation and mediation to settle their marriage. However, if these processes fail, your lawyers will resort to a court process.
3. Who Stays With Your Kids After Divorce?
Parental responsibility is one of the most problematic issues among divorcing couples that have children. Once you initiate the divorce process, the Family Court will inquire if you have any arrangements regarding how you will raise your kids. If you do not have, the court will issue consent orders prescribing parental arrangements before your settle your marriage. Divorcing couples are required to draft parental plans explaining how the parents will raise their kids. If they cannot agree, the court will issue orders on how they will share their parental responsibilities.
There are cases when one party feels that their partner is not fit to be a parent. If this is your case, you should file for sole custody at the Family Court. The court is mandated to act in the best interest of the children. Therefore, it is not a guarantee that they will give you sole custody. Instead, the court could limit the visitation and parenting rights of the other parent.
4. How Is Property Divided After Divorce?
In Australia, couples can only share property and debts acquired during the marriage. A divorce lawyer can assess your financial situation to determine what should be included in the property settlement agreement. In some cases, your partner could be entitled to property acquired before the marriage if they managed it during the marriage. If there is a significant difference between the income of both partners, the partner with lesser income can apply for spousal support.
Share18 May 2021
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