Applying for a divorce: Tips to make the process smoother
Going through a divorce can be an emotionally turbulent time. On top of that, you may have to deal with lawyers, paperwork and helping your children through the process. Here, we look at how divorce works in Australia and offer advice to make everything easier.
Getting a legally binding divorce
In order to apply for a divorce in Australia, either you or your spouse must:
· Be an Australian citizen by birth, descent or by grant of Australian citizenship, or
· Live in Australia, and have lived here for 12 months immediately before filing for divorce, or
· Regard Australia as your home and intend to live here indefinitely.
In most circumstances, you must also have been separated for at least 12 months and one day – at this time, there is deemed to be no reasonable likelihood that you will get back together with your spouse, and you can go through with the divorce application. Be aware that the definition of ‘separated’ still applies if you live in the same house, which is common if you are raising children together. In this case, you will just need to provide an affidavit describing the living situation when you apply for a divorce.
Finally, there are two different types of divorce applications in Australia – sole and joint. For the latter, both parties want the divorce and are able to make the application together. As long as you have all the documentation required, a joint divorce application is very straightforward. In the case of a sole application, one party will have to serve their spouse with the divorce papers. While it’s a difficult process, do know that just because your former partner opposes the divorce, that doesn’t mean they can stop it from happening.
Streamline the process online
These days, filing for divorce is made easy since you can submit the application online. It costs $940 (or $310 if you are eligible for the reduced fee) and it will generally take four months from the date of filing for the divorce to go through.
You generally won’t need to go to court at any stage during the divorce procedure, unless you are applying for sole custody of any children, or if your spouse files a ‘response’ that opposes the divorce application.
It’s important to remember that applying for divorce only relates to ending the formal marriage. It doesn’t finalise any arrangements regarding children, finances or property. In cases where there are discrepancies around which person gets what, you will need to file separate applications.
Other considerations
Just because both parties want the divorce to proceed doesn’t mean you have to cut all ties and communication permanently. In many cases, it is important to maintain a cordial relationship with your ex-partner, especially if you have children together and will be raising them in separate residences.
At Flying Change, we understand the complexities of different family dynamics and have helped countless couples navigate the challenges of getting a divorce. With our divorce advice and support services, you don’t need to go through the divorce process alone. In his role as Divorce Adviser, Mike Barker can guide you through the tricky times, get you the help you need and empower you to start a fresh new chapter in life.
From judgement-free emotional support and guidance, to helping you understand the legal and financial obligations of going through a divorce, with Flying Change by your side you will be able to come out the other side a more confident and emotionally healthy person.
We know that a marriage or relationship breakdown is one of the most stressful events you can ever go through, which is why our skilled divorce advisers will be the close confidant you need. To find out how our divorce services can help get you through the tough times, contact the experts or call 0418 676 977 today.
