After filing for divorce, individuals who have accepted the reality of the marriage ending must recognize the need to cease further efforts to salvage it. You are looking for ways to end everything legally, in the best possible manner, so that you can move on to the recovery phase, emotionally and financially.
But the question is, what comes next? Your approach and attitude toward divorce depend significantly on your unique situation. However, luckily, some states and divorce lawyers offer a few solutions that, if adopted, terminate the marriage after approval from the court. Let’s explore this one by one.
ALWAYS KNOW YOUR RIGHTS AND KNOW WHERE YOU STAND
By consulting one of our accredited family law mackay specialists.MEDIATED DIVORCE CONTRACTS:
In a collaborative divorce, both parties hire family lawyers. Both lawyers must be willing to make things work. This method provides the best possible outcome for all the parties involved, especially children.
Divorce mediation involves:
- An impartial third party.
- The mediator.
- Assisting former spouses in discussing and negotiating aspects of their separation or divorce.
This method promotes non-adversarial resolution by enabling parties to voice concerns and preferences and aim for mutually acceptable outcomes. The mediator facilitates productive discussions.
Parties can mediate at any stage of the divorce process and are encouraged to attempt it before resorting to the Federal Circuit and Family Court of Australia. Depending on the disputes, mediation may be mandatory before applying for court orders.
Divorce mediation empowers all involved parties by granting them control over the outcome. It can be a more efficient and cost-effective alternative to litigation.
CONTESTED DIVORCE:
In contested divorces in Australia, couples often need to divide numerous assets and personal property without the aid of prenuptial agreements. When disagreements arise, the court may hold hearings to establish temporary orders, leading to contested divorces. Such cases can be protracted, requiring ongoing support payments and property maintenance. They can endure for two years or more, depending on the complexities involved. Thus, having a strategic approach is crucial for navigating these challenges.
To manage a contested divorce effectively, assembling a supportive team is essential. Only when the respondent contests the divorce does it become a contested case. Respondents have a specific timeframe for responding to the legal papers per Australian laws. Engaging lawyers can significantly assist in representing your interests and securing favourable terms. However, contested divorces often result in complete relationship breakdowns, potentially impacting relationships with children, except in cases where the mother’s fitness is compromised due to mental illness or other issues.
Contested divorces are inherently stressful and can strain family relationships. Lawyers are vital in addressing various issues and safeguarding your rights.
A contested divorce is considered necessary, usually, when
- Quarrel on the custody of the child
- They couldn’t reach an agreement to divide the financial assets.
- In case of an abusive marriage
If, unfortunately, you find yourself in this situation, you require an experienced family lawyer whom you can trust to represent your interests.
Uncontested divorce
Uncontested divorces occur when both spouses agree to seek a divorce. This agreement can occur through a joint application or when one spouse files for divorce and the other willingly signs the necessary documents.
Many couples undergoing separation in Australia prefer uncontested divorces, which are typically smoother and less complicated than contested divorces.
However, it’s essential to understand that an uncontested divorce doesn’t automatically imply agreement on all other matters. Disagreements may still arise concerning finances, property, and parenting arrangements. In such cases, both spouses retain the right to pursue court orders to address these issues individually.
ALWAYS KNOW YOUR RIGHTS AND KNOW WHERE YOU STAND
By consulting one of our accredited family law mackay specialists.Here are the answers to most ASKED queries about divorce:
How long must I be Separated before I can Apply for a Divorce?
How long must I be separated before I can apply for a divorce? This is the most frequently asked question. The answer is that you can only apply for divorce in Australia after you have been separated for at least twelve months. If you have been separated but reconciled for three months or more, the 12-month period starts after the reconciliation.
Can I Date during the Separation?
Again, the answer is yes. Suppose you are married to one person and dating another during the separation period. In that case, it is not considered adultery in the eyes of the law. Courts cannot consider this aspect of your social life as grounds for divorce.
What is Considered by the Court in Divorce Applications?
The Family Act law has established the principle of no-fault divorce in Australian law, which means the court is not concerned about why the marriage ended. You must only state that the marriage has broken down, irrespective of the cause. You must have been separated from your potential former spouse for at least 12 months to establish this.
Do I have to Attend the Divorce Hearing?
The answer to this question varies from situation to situation. It depends on whether you have a child from marriage and whether they are under 18 or older.
No Child under 18:
In this situation, you do not need to attend the court hearing. This applies to both solo and joint applications.
Joint Application with children under 18:
If you made a joint application for divorce, you are not required to attend the hearing, even if there is a child involved in the marriage who is under 18.
Sole application with children under 18:
If you made the solo application to get a divorce from your partner and there is a child involved and they age less than 18, in this case, you are required to attend the hearing.
In case of no response to divorce, your potential former partner is not bound to attend the hearing, although they can attend it if they are willing to do so.
If a person opposes the application in response to divorce, they must appear in court on the hearing date.
A child of the marriage includes:
- Any child of yours or your spouse’s born before marriage or after separation
- A child adopted by you or your spouse as a couple
- Any child who you were used to treating as your kid before the separation. I.e. foster child.
What if I am unable to Attend the Hearing?
You can ask the court for a telephone appearance if you cannot attend the divorce hearing in person.
If I have been married for less than two years, what must I do to get divorced?
If you have been for less than two years and want a divorce, you need a counselling certificate. To get this certificate, you need to get counselling. The two years are counted from when you registered your marriage and applied for divorce. You must have been separated from your spouse from 12 to apply for divorce.
I married Overseas – can I get a Divorce in Australia?
If you are married overseas and want to know if you can apply for divorce in Australia, The answer to this question is yes. You can apply for divorce in Australia if your case fulfils these situations:
- Either you or your potential former spouse regards Australia as your home and plans to live in Australia as her citizen.
- You or your husband are an Australian citizen by birth or descent.
- Either you or your spouse holds Australian citizenship.
- Either you or your husband has been living in Australia for 12 months before applying for a divorce.
The most important question is what to do next. Where to go from here?
We have helped thousands of separating couples-same as your case and have a focus on the collaborative process.
Ian Field is a highly experienced mediator who has conducted hundreds of family law cases. Call us at (07) 4847 0198 to speak with someone who can help.
