What You Need To Know Before Applying For Divorce
Posted on: 11 February 2015
Divorce is the most pertinent issue when it comes to family law. If you are planning to seek divorce from your partner, it's important to understand the conditions that come with this provision and so that you can get all your affairs in order before applying for the divorce certificate. Read on to learn what you need to look into before ending your marriage.
Deciding on parenting arrangements
Children are heavily protected under family law. For this reason, the law requires that you and your partner finalize arrangements pertaining to the children's welfare before finalizing the marriage. This entails deciding on a custody arrangement, both legal and physical custody. However, since the issue of children's custody is dynamic, family law allows you to seek redress at any time should you seek to overturn the status quo. This means that prior to divorce, whatever custody arrangements are arrived at are not necessarily permanent. Through a family lawyer, you can seek to change the current arrangement either through agreement with your partner or in family court.
Clearing financial settlements
You are also required to finalize any financial settlements prior to filing for divorce. This entails division of property, alimony and monetary awards. This is where you need to have your divorce lawyer championing for your needs through mediation proceedings. If that fails, they can represent you in court and seek the ruling of a judge or magistrate. Unlike parenting arrangements that can be adjusted later on after the divorce has been granted, financial settlements should be settled before-hand. The court only allows an application regarding property issues during the next 12 months after your divorce has been granted. After that, you need the permission of your partner or direct permission from the court to do so.
Ruling out chances of reconciliation
For you to file for a divorce in Australia, you must be certain that there is no chance of reconciliation with your partner. This is why family law demands a 12-month separation period during which you can try and resolve issues with your partner. If you and your partner have been married less than two years, the law requires that you seek counseling first. This process seeks to ascertain that both you and your partner understand the finality of the divorce process.
Once you have cleared all the above, your divorce lawyer will provide the needed application forms and advice on filling the forms plus other needed documents like proof of marriage and nationality. Once you have your divorce certificate, your marriage will be legally over.
For more information, contact a business such as Catalyst Family Lawyers.
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