A divorce formally marks the conclusion of a marriage. The divorce process involves a Divorce Order being granted by the Court to end the legal status of a marriage. This process is independent from property settlement and children matters.
The process of divorce generally is quite simple, requiring the filing of an Application for Divorce in the Federal Circuit and Family Court of Australia. A divorce can become complicated depending on the factors involved.
To have a divorce does not require the consent of your former partner but you must show that the marriage is irretrievably broken down.
In order to obtain a divorce you must be separated from your partner for 12 months.
If the duration of the marriage is within 2 years, and a divorce is sought, as an additional requirement, you must complete marriage counselling.
If there are children from your marriage, the Court needs to consider that the children's welfare has been accounted for. This usually involves implementing parenting arrangements to satisfy the Court.
Nevertheless, it is not a requirement to obtain a divorce before you proceed with settlement of your property or making arrangements for your children.
At Elbatti Legal, our team of legal experts are experienced to handle any family law matter efficiently and cost effective.
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