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What do I need to know about divorce?

A married couple may decide to separate or live apart at any time, without authorisation from the court. However, when the couple announces their intent to live apart to a court, then they are seeking a legal separation. Since a legal separation is a judicial procedure, there are issues that must be decided by a judge. For example, issues such as custody of the children, support of the children and the partner, are usually decided in legal separations. Nonetheless, it is important to note that all these things can be reviewed or retracted if the couple seeks a divorce in the future.

Divorce is legally the official ending of a marriage and the only legal requirement you will be requested in Court is to prove that you have been separated for 12 months and have put a decisive ending to your relationship. Although many people prefer to same time and money from divorcing, others prefer to put an end to their legal bond since this may affect their rights and responsibilities when dealing with some types of financial matters such as wills and inheritances. People cannot remarry without going through a divorce first.

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Divorce

1

WHAT DO I NEED TO APPLY FOR A DIVORCE?

You can apply for a divorce when you or your ex-partner fulfil these requirements:

  • Be an Australian citizen or have lived in Australia for at least the last 12 months.
  • Have been separated for 12 months at least and there is no possibility of going back together.

A common question among people thinking of applying for a divorce is whether they can or cannot do it if they were married overseas and the answer is yes, you can apply for a divorce if you live in Australia.

2

DIVISION OF GOODS

The way in which marital assets will be divided will depend on whether the couple lives in a state with a joint-ownership or equitable distribution regime. In the states with the community property regime, all the goods that the couple acquired during the marriage are considered joint owned property of the couple (with some exceptions) and are divided equally after the divorce. In the states with the equitable distribution regime, the judges consider several factors before deciding a fair division between the spouses. This division does not necessarily have to be 50 and 50. In Melbourne, the law establishes equitable distribution.

3

WHAT ABOUT ARRANGEMENTS THAT INVOLVE CHILDREN?

Children need to be taken into account when starting a divorce procedure, and the law understands they will be directly affected by the consequences of this judicial procedure. Therefore, the Court will request the following information:

  • Where the children live.
  • A specific report about their health and education.
  • How they will be financially supported after the judicial procedure takes place.
  • How they will continue to maintain their relationships with both parents and other relatives that will be affected by the arrangement.
4

DO I NEED A LAWYER IF I WANT TO DIVORCE?

Nowadays it is possible to apply for a divorce online, however, most marriages need a special agreement that can cover their specific needs. It is important to understand that the division of goods is never predictable, and the advice of an experience lawyer may be required to hire negotiate and establish the division of property in a way that is beneficial for both parties.

There are many several factors that play an essential role in a divorce. The divorce will determine who of the two parties is obligated to provide support in a couple if it is needed. Child support payments will be determined here as well. And even the possibility of spousal maintenance. The experience of a lawyer with knowledge in family law will help you predict the course your case will have in court and help you decide what you should do when you are there. Nothing compares to the professional assistance of an expert in divorces. Contact us today and solve your case easily while cutting out unnecessary expenses.

5

DOES A DIVORCE AFFECT ANY OTHER JUDICIAL PROCEDURES THAT TAKE PLACE AT THE SAME TIME?

One of the most common judicial procedures that take place at the same time a divorce take place are:

  • Child support.
  • Property settlements.
  • Spousal maintenance.

A divorce does not necessarily affect other judicial procedures; however, it is important to contact us if you require legal advice so you can forecast the scenario you may face in court during your divorce and property settlements.

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At Melbourne Family Lawyers Co, we will provide you with top legal representation so you are able to spend time with them, prevent improvised relocations, and avoid financial affections due to property settlements and goods distribution.