What Are The Must-Know Things When Getting Divorced In Australia?

What Are The Must-Know Things When Getting Divorced In Australia?

I bet you know or have heard that it’s illegal in Australia for kids under the age of 18 years to buy cigarettes, but it’s not illegal for the same kids to smoke dozens or even hundreds of the same cigarettes. But are you really conversant with Australia’s administrative laws concerning divorce?

Whether you or your loved one is about to divorce or get divorced in Australia, wants to get compensation lawyers or you simply want to play safe by knowing the legislative rules governing divorce in Australia, then please read on as you have clicked on the right article. I will help you understand in-depth the legal definition of divorce. I will also walk you through 6 things you need to be conversant with regarding divorce in Australia.

WHAT IS THE MEANING OF THE TERM DIVORCE?

A divorce is a formal and legal end of a legal union between 2 parties. It doesn’t entail resolving financial or parental issues between the 2 parties. The federal circuit and Family Court officiate all the legal divorce proceedings in Australia.

In order to apply for a divorce in Australia, you must have been married for at least more than 2 years or have attended counseling sessions (s) with the family court and proved that your marriage is irretrievably broken down.

6 THINGS YOU SHOULD KNOW WHEN GETTING DIVORCE IN AUSTRALIA

#1. IT’S POSSIBLE TO FILE FOR A DIVORCE WHILE LIVING UNDER THE SAME ROOF

It’s possible to file for a divorce while still living under the same roof, provided that both parties;

• No longer engage in any sexual activity

• Sleep in different bedrooms

• Operate different bank accounts

• Don’t imply to friends, neighbors, and relatives that they are still a married couple

#2. YOU CAN APPLY FOR A COURT DIVORCE PROCEEDING EVEN IF YOU HAVEN’T SERVED THE OTHER PARTY WITH DIVORCE PAPERS

It’s possible to apply for the family court to proceed with your divorce even without having served the other party with the divorce papers. This administrative divorce law only applies if; If you prove that you have tried your best to notify the other party that you intend to divorce them without success.

Upon proving so, the court permits one to serve the involved party’s close relatives with the divorce paper electronically (via email or through any other reliable online platform). This usually not only prolongs your divorce progress period but it may also end up costing you more.

#3. THERE IS A TIME FRAME TO REMARRY AFTER A DIVORCE HAS BEEN FINALIZED

Bigamy is the legal term used to define the offense made by an individual who marries another while still married to another. Such a marriage is considered illegal in Australia. In Australia, you can only marry another person after your divorce when 1 month and 1-day time frame has elapsed following your divorce.

#4. YOUR WILL BECOMES INVALID AFTER THE FINALIZATION OF A DIVORCE

Your will becomes invalid after a divorce if you had named your spouse as your beneficiary or had instructed that they be given a gift or property in the case of your absence. This makes it vital that both parties make new wills that reflect their wishes after their separation has been finalized.

#5. IT’S POSSIBLE TO GET DIVORCED IN AUSTRALIA EVEN IF YOU WERE MARRIED OVERSEAS

It’s possible to get divorced in Australia even if you were married overseas, provided that the applying party;

• Is an Australian citizen by birth or descent

• Regards Australia as their permanent residence

• Intends to live in Australia indefinitely

• Has been living in Australia for at least 12 months before making a divorce application

#6. One party or both parties can jointly apply for a divorce

One party or both parties can jointly apply for a divorce in Australia. The latter is much more desirable as there are no service fees to be paid, and the divorce proceedings are much faster when compared to one applying for a divorce on their own. If you wanna know more about getting divorce, check out this page.

Christensen

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