From a happy marriage to divorce: life can sometimes be challenging. And the complexities of family court divorce proceedings are no exception to that rule. If you find yourself in this situation, and you are seeking how to get a divorce in Australia, then, understanding what lies ahead is your best chance at success.
The family court divorce proceedings might seem like a simple process: one party goes to court and asks for the divorce, property, or assets. But there are many moving parts in this complicated puzzle; it’s never as one-sided as it might seem. Working with a divorce lawyer can help you navigate all of them successfully. If you’re considering divorce proceedings as your next step, you must understand what is likely to happen in these Family Court divorce proceedings.
Let’s explore the family court process, the difficulties that come with it, and the ideal course of action to take.
What are divorce proceedings?
Divorce proceedings are the process a person goes through to end their marriage. The first step is applying for divorce and filing paperwork with the family court system in your state. This can be done either jointly by both parties or unilaterally, meaning one party files without telling the other. Suppose you’re considering how to get a divorce in Australia as an option after years of marriage. In that case, the first step is to talk with an experienced family lawyer who can help you understand your options and move forward accordingly.
In Australia, the only legally recognised ground for divorce is proving that the marriage has irretrievably broken down. This means that the chances that you’ll get back together are reasonably very slim or nonexistent. You must prove this by showing that you and your spouse have been separated for at least 12 months.
After filing for divorce, you’ll enter into temporary orders while waiting for final rulings on issues like parenting arrangements and child support payments.
This is just the beginning of a long and sometimes tricky legal journey. If you’re considering filing for divorce, it’s essential to understand what lies ahead in family court proceedings.
How to initiate divorce proceedings?
The first step in filing for divorce is to speak with a family lawyer. This divorce lawyer will look at your case and help you decide on the best course of action, such as whether or not it would be better for you to file unilaterally without telling your partner.
When preparing to go into family court proceedings alone, it’s crucial that you keep financial records of all expenses since the beginning of the relationship – this can include times when one party was unemployed or had a low income. It will also be helpful if you keep records of any property or assets accumulated during the marriage; this is for the purposes of dividing them. Speaking with a professional divorce lawyer such as we offer at VM Family Law, will help you prepare all necessary documentation and ensure your best possible outcome in court.
How do I proceed with divorce?
Before speaking with a divorce lawyer, you must understand what grounds for divorce are available in your state. In Australia, some grounds for divorce include adultery, abandonment, and irreconcilable differences. Some states also require a minimum length of marriage before the grounds for divorce are available.
Suppose one party wants a divorce, but their partner doesn’t want to end the relationship. In that case, it might be best for that person to file without telling them about it – this process is called a “Sole Divorce Application”.
Suppose you’re considering a sole divorce application without telling your partner. In this case, it’s essential to know that this can backfire in family court proceedings if your spouse contests and decides to fight back – even though they might not be entitled to anything from you.
Do both partners have to sign divorce papers?
No. There are two ways to file for divorce: Joint application for divorce by both parties or sole divorce application, meaning one party files without telling the other. When filing jointly, both parties would need to sign the application. When you apply for a divorce without telling your spouse about it, this will result in what is called “Sole Divorce Application”
In Australia, you can file for divorce on any grounds – but some states require a minimum length of marriage before those grounds are available. If you’re in a state that requires minimum duration before grounds for divorce are available, it might be beneficial to collect potential evidence against your partner. This includes recordings and photographs – anything that can help you in court.
What am I entitled to in a separation?
You’re entitled to an unequal distribution of assets if one spouse contributed more financially or took care of the children; this is determined by the ‘Four Step Process’ if done so by the Family Court.
You’ll want to speak with a family lawyer about these issues, so they’re clearly divided between both parties before finalising any agreements or entering into a trial period.
How much does a divorce cost and how long does it take?
To get a divorce as of June 2021, the application price starts at $940 and goes up every year. However, the Family Court can accept your application for a fee exemption if you are experiencing financial difficulty. The first step is to demonstrate that you’re suffering from hardship and make an appointment with the court registrar, who will review your situation before deciding on whether or not they’ll waive part of the cost.
The cost of divorce also depends on the complexity and number of issues. Divorce proceedings in Australia are relatively inexpensive when compared with other countries, but this might not be true for smaller cases or those involving children – it’s best to speak with a divorce lawyer about your specific case before finalising any agreements.
The time it takes for a divorce depends on the complexity – but in general, you can expect to wait anywhere from 3 to 4 months before your case is final.
How to get a divorce in Australia - Online Method
Getting a divorce in Australia is a relatively straightforward process, the basic steps for which are outlined below.
Step One: Proof of Marriage
To get a divorce in Australia, the first thing you will need is proof of your marriage. This includes:
- Marriage certificate
- Any separation agreements from previous divorces or marriages (if applicable)
Step Two – Prepare your online application
Next, you must prepare your online application. Through the comcourts portal, you will be able to provide your details about the divorce and outline the grounds for which you’re making this application.
Step Three – Apply online
In this stage, you lock in your application and pay the filing fee.
Step Four – Notify your ex-spouse
Once the application is submitted, you will need to notify your ex-spouse and any other party involved. If they do not respond within a specific timeframe (usually 14 days), you must serve your ex-partner with a copy of the application and any other supporting documents. This must be done within 24 days before the divorce hearing. However, If your partner lives overseas, you need to allow 42 days.
Step Five – Check if you need to go to Family Court
If your partner does not respond and you cannot serve them, then a court hearing may be required. However, if you have managed to notify the other party of proceedings without any issues or objections, they can request an out of court divorce instead.
In all of these steps, you need a competent divorce lawyer in Ipswich to help you. VM Family Law has successfully assisted people with family law-related issues for over 30 years.
Getting A Divorce Lawyer in Ipswich
If you are looking for a collaborative divorce lawyer in Ipswich, VM Family Law is here to help. We are dedicated to making sure our clients achieve their desired outcome during legal proceedings and work with them every step of the way – from filing the joint application for divorce or unilaterally all the way up through final settlement agreements.
VM Family Law has been helping families navigate this difficult time since 1989. We are confident that our team of divorce lawyers based in Ipswich, will provide you with the guidance necessary.
VM Family Law is committed to helping clients through their divorce proceedings – whether you are looking for a divorce lawyer in Ipswich, or anywhere else in Australia. We work closely with each client throughout this process, so no one feels lost or alone during such an emotional time.
Why Choose Us at VM Family Law?
There are many factors to consider when filing for divorce. You’ll want to speak with experienced divorce lawyers in Ipswich about your specific issues before finalising any agreements or entering into a trial period.
At VM Family Law, you can find divorce lawyers who have a lot of experience in family law and will be able to help you navigate the process of ending your marriage with no stress at all. We’re here to provide you with the answers you need.
Get the Legal Advice Necessary For Best Results
Over the years, we have helped countless numbers of clients through their divorce cases. We can provide you with the legal guidance necessary to ensure that your case is handled as efficiently, effectively, and cost-effectively as possible. Working with our team means you’ll have a dedicated legal advocate by your side guiding you every step of the way.
Divorce can be an emotional and trying time for everyone involved – don’t go through it alone; we’re here to help.
VM Family Law is committed to helping clients achieve their desired outcome in family court proceedings, whether that’s filing a sole or joint application for divorce. We work with you to develop a tailored strategy and provide you with the emotional support you need throughout your Family Court divorce proceedings.