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Divorce Part 2 – Common Questions

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There are many questions that people will ask us when they approach us for help and we have compiled a list of the most common ones:

Can I get a divorce quickly?

As much as you would like to finalise proceedings, there are a few requirements that you need to comply with, in order to be granted a divorce.
You must have been separated for 12 months and one day to apply for a divorce, if you have been married for less than two years, you will be required to attend Court- ordered mediation.
From application to finalizing a divorce, it usually takes a MINIMUM of four months. This does not include any litigation over Property Settlement or Parenting Arrangements.

Can I remarry the day I receive my divorce papers?

Your divorce is not finalised until one month after you receive your divorce certificate. So that means you must not marry within that time period or it will be considered bigamy!

Do I have more rights to assets if my partner had an affair?

Divorce in Australia has a ‘no fault’ principle evident in the Family Law Act 1975. This means that there are no requirements of proof for the separation, other than the ‘irretrievable breakdown’ of the marriage following a 12 month separation.

Who gets the children?

The Attorney-General’s Department states “The Family Law Act 1975 focuses on the rights of children and the responsibilities that each parent has towards their children.” Parenting Arrangements are usually handled with legal advice if you and your ex partner cannot agree. It can become overwhelming and litigation can be costly.
This link to the Attorney- General’s Department also supplies information on how best to support your children throughout your divorce:
https://www.ag.gov.au/families-and-marriage/families/children-and-family-law

Can I change my name?

You can change you name at any stage of your divorce. If you would like to also change your children’s names, then both parents must give consent.

Who gets the house?

The Courts will look at financial and non- financial contributions when determining division of property (which will appear in more detail in the next blog).
Financial arrangements can become tricky. You will need to apply within 12 months of your divorce being granted if you wish to apply through the Courts. There is an alternative called a Financial Agreement. If you want to stay out of Court with the Financial Agreement you will need legal representation.

You will have many questions specific to your situation. We have seen many clients throughout the years overcome obstacles that divorce presents. We will help you get the best outcome.