The divorce process includes three parts:
- The formal termination of marriage
- The resolution of any property matters
- The resolution of any children’s matters
The Formal Termination of Marriage
To get a divorce in Australia, you need to apply to the Federal Circuit and Family Court of Australia. This part of the process is only concerned with terminating the marriage itself and doesn’t involve separating or dividing assets and children’s matters. Separating your property and finances is dealt with as property settlements and childrens’ matters are separate to getting a divorce. If you do have children a settlement must be in place before a court will grant a divorce.
Divorce Timeframes
You need to have been separated for 12 or more months if you want the court to grant a divorce. Additionally, if there are any children, appropriate arrangements need to be made to ensure their welfare. Our divorce lawyers in Sydney can help prepare, serve and submit divorce applications.
The Resolution of Property Matters
When you get a divorce, it’s important to remember that resolving issues related to finances and property is dealt with separately. Understandably, people usually want settlement to be resolved quickly so they can move on. However, this is difficult when parties disagree on how to divide their assets and debts.
A divorce lawyer can assist by facilitating negotiations and agreements. Both parties must enter into a binding financial agreement or consent orders. Failing that, court action may be needed to resolve the matter, which a lawyer can advise on with regards to financial entitlements and spousal maintenance.
The Resolution of Children’s Matters
Our family lawyers can help you resolve the following children’s matters:
- Who the children live with most of the time
- How much time a child spends with the other parent
- How financial support will be provided
- How education and health needs are to be met
A divorce often affects children, so it’s important to establish a plan that takes their needs into account. You may have a Parenting Plan in place and wish to obtain a court order to formalise your agreement. Court orders are sometimes necessary when one party may disregard the agreement you have in place. They can be consent orders or imposed by a Judge of the family court.
Lawyers can negotiate your agreement and draft it so that it is clear and enforceable. There are many considerations when making a Parenting Plan and different styles can be adopted depending on how agreeable and compliant parents are with the orders. Court orders outline important details such as how much time each parent spends with their child/ren, child support payments expenses, how decisions are made and more.
If one parent isn’t complying with a Parenting Plan seeking a court order may be necessary. Likewise, you if can’t agree and mediation and negotiations are unsuccessful a family lawyer will assist you. Mostly this is apparent during your divorce and your divorce lawyer will be able to discuss the legal options available to you.