Frequently Asked Questions About Divorce In Australia

If you’re recently separated from your partner, or you’ve been considering divorce for some time, you may have questions about the process. The team at Orman Solicitors are committed to helping you through your separation and divorce with the best legal advice possible. We regularly respond to our client’s questions on the subject of divorce, so we’ve provided answers to some of the most commonly asked questions right here. But, of course, if you need help with an issue we haven’t addressed, you can always contact the friendly team at Orman Solicitors.

How Can I File For Divorce?

Fortunately, filing for divorce is very straightforward, but if you’d like assistance with your application, the team at Orman Solicitors can help.

• We can file your application online. The Commonwealth Family Court takes online divorce applications.
• You’ll need to pay. To lodge your divorce application, you’ll need to pay $1060. However, you may be eligible for a reduced fee of $350.
• You do not need to attend a divorce hearing. Once you’ve satisfied the requirements of your divorce application, it has been processed. Your divorce order will be final after one month and one day of the hearing unless otherwise ordered by the court.

What Do I Need When Filing For Divorce?

You need to meet specific requirements and have certain documents ready to go before applying for divorce in Australia.

• Your marriage must be over. To file for divorce, you need to prove your marriage is truly over and that there is no reasonable likelihood that you and your partner will get back together. You need to have been separated for at least 12 months and one day. If you both live at the same address, you need to prove you have been living independently. Proof can include sleeping in separate rooms, separate finances, and contributing to bills and chores independently).
• Marriage certificate. You’ll need to attach a copy of your marriage certificate to the application for divorce. In addition, if your certificate is in another language, you need to provide a written translation from a qualified translator and an affidavit from the translator confirming the certificate’s content.

A Few Common Questions About Divorce

As leading divorce lawyers in Sydney and Wagga Wagga, the team at Orman Solicitors are here to answer all your questions about divorce.

• Who will the children live with?
  • You and your partner will either need to agree on a parenting arrangement outlining who the children will live with and who they spend time with for each parent. If you and your partner can’t agree, the Court will issue a parenting orders outlining the parenting arrangements in the child’s best interests. This decision is made based on several factors that affect the child’s life.
• How long does the divorce process take?
  • From the time you lodge your application, it can take anywhere between 8-12 weeks to be processed and another month before your divorce is officially binding.
• How does settlement work? Will I lose everything?
  • The family court has a four-step process to divide assets in a divorce where they review individual circumstances in each situation to determine an equitable division of property.
• Do I need a family lawyer for my divorce?
  • A lawyer can help you present your best case for property settlement and children’s matters, and we can walk you through the entire process, supporting you during this difficult time. When you need a divorce solicitor Orman Solicitors are here.
• Will I need to go to court for settlement and children’s matters?
  • While the team at Orman Solicitors encourage our clients to save themselves the money and stress and settle matters through mediation and collaboration, our team of divorce lawyers are more than prepared to help you take your matter to court and represent you.
• If I leave the property during the separation, will I lose my share in the divorce?
  • No. The house is a marital asset, and it’s considered in the division of assets regardless of who is living there. So if you can’t share the property while separated and it’s in your best interests to seek alternative accommodation, this won’t affect your position when dividing the property and organising child custody
• How soon can I remarry?
  • One month and one day after your hearing date, your divorce becomes binding. After this date, you are free to remarry. Any marriage before a divorce is official is an offence and will not be recognised by the law.
• What does ‘no fault’ divorce mean?
  • It doesn’t matter who instigated the divorce or who is at fault for the marriage breakdown in Australia. The court finds this information irrelevant. As long as you can prove that the marriage is irreconcilable and you have been separated for 12 months or more, the court can proceed with the divorce.

Common Misconceptions About Divorce

There are a lot of myths and misconceptions around divorce in Australia, so the team at Orman Solicitors are here to dispel a few.

• MYTH: We’ll just split everything 50-50.
  • Divorce is a lot more complicated than that. The court applies a four-step process to determine what is just and equitable in each unique circumstance, considering a range of factors and variables. If you need guidance through this process, Orman Solicitors are here to help.
• MYTH: The mother gets to have the children living with her.
  • There is no law dictating which parent should have the children living with them. Instead, the two parties need to negotiate and agree that serves the child’s best interests. If you can’t agree, the court will decide based on several factors such as the status quo, the child’s wishes, the child’s relationship with each parent, the accessibility of each parent, cultural issues, and violence issues.
• MYTH: You can’t say you’re separated if you’re still living together.
  • You can continue living under the same roof after separation for convenience, financial reasons, or to be close to the children. However, you will need to prove that you are definitely separated by sleeping in separate rooms, dividing household chores, and paying bills separately.
• MYTH: If we’ve separated, I’m no longer obligated to financially support my ex.
  • If one party cannot support themselves financially and the other party has the capacity to do so, the courts may require the financially capable party to provide spousal maintenance. This money is independent of and in addition to any child support needed.
• MYTH: My partner cheated on me, so I’ll get more in the divorce.
  • Australia maintains a ‘no fault’ divorce jurisdiction, so moral infidelity doesn’t impact property settlement to determine who the children live with.
• MYTH: Both parties need to agree to obtain a divorce.
  • You can make a sole application for divorce and serve your spouse with the application. You’ll need to provide evidence that the application has been served. If you need help applying, contact Orman Solicitors today.

To Speak With Some Of The Best Divorce Lawyers In Sydney and Wagga Wagga, Contact Orman Solicitors

At Orman Solicitors, we’re committed to delivering the highest quality legal advice and services. We pride ourselves on providing reliable, trustworthy services, unmatched legal experience and compassion and empathy in everything we do. No matter what your circumstances, our team always has the best interests of our clients in mind, and we’ll strive to be an advocate for you and your rights. If you’re looking for divorce lawyers in Sydney or Wagga Wagga, contact the team at Orman Solicitors today.