People say divorce is the legal end of marriage. This is the dreaded culmination of an association that will be formally ended.
The reason for wanting a divorce is not actually that relevant in Australia. The deal is always straightforward, professional and business-like. (The dramatics might happen behind curtains or in closed doors.)
In the country, you can make an application for divorce jointly or separately. The reason for you wanting a divorce is not relevant in Australia where we have ‘no fault’ divorce.
Meantime, parenting arrangements, property division and/or maintenance payments are dealt with separately. However, the only consideration that matters is that you must obtain a divorce first before you can marry someone else.
The only necessity is that you find a Gold Coast divorce lawyer who understands and knows fully well divorce and the family law in Australia.
Getting a divorce
Many would tag divorce as the “business end” of separation. This is a pretty straightforward way of naming it. However, in Australia, there is the existence of a “no-fault” divorce system.
This makes it easier than most other types of divorces, especially in other countries. The system need not prove that either party is to be blamed for the end of marriage.
The only ground for divorce is called “irretrievable breakdown” of marriage and needed to apply.A divorce application can be made by either party – either jointly or separately – and you don’t need the other person’s agreement before you apply.
Further, you don’t have to prove either party is to blame for the end of the marriage.
How long it takes
The legal process is decidedly straightforward. The goal is to help you reach an agreement as quickly as possible.
You are required to wait 12 months to apply for divorce from the date of separation. (This includes any time you were separated but remained living under one roof.)
In case you were married for less than two years, you may be asked to seek counseling and try reconciling. (This is unless something relevant prevents this from happening.)
Upon hearing, you will be required to wait one month and one day for the divorce order to be issued. Next, there is no need to wait and negotiate and make an application for a property settlement.
Then, you navigate claims for spousal maintenance. Work out your current and future parenting arrangements (if you have children from the relationship).
Basics on divorce
Most law firms, especially at Gold Coast, have some of the best working law professionals, and are not shy to help couples work out their divorces. They help sort out difficult issues like children’s custody, property settlement and others.
Typically, lawyers provide family law advice that are focused primarily on the best interest of the children. They can also assist the concerned parties to reach an amicable agreement.
These experienced lawyers can give you a clear understanding of your rights, notwithstanding whether you are in a marriage or a de facto relationship.
They can advise you on the distribution of assets, liabilities and other financial resources after a divorce or separation. You are actually being given a clear view of your rights and entitlements.
Sole application
You can already have a lawyer to advise you on the moves that you can and cannot do especially in divorce cases.
Basically, the application for a divorce can be filed by both you and your partner, called joint application. You can also have a petition filed by either one of you (parties to the divorce).
The same online application process is used for both joint and sole applications.
Nevertheless, you’ll have different obligations depending on which way you choose to file.
Likewise, none of the parties needs to attend court, even if they have children under 18 years of age.
Costs
The filing fee of writing for an application for divorce costs around &930. There is no GST added to the price.
The current filing fee (as at date of writing) for an application for divorce is $930, (or $310 for those eligible for a reduced fee). There is no GST to be added to this price, as GST does not apply to court fees.
Additional guidelines
For guidelines about whether or not you qualify for a reduced filing fee with respect of your divorce, you can refer to the “Guidelines for reduced fee – divorce and decree of nullity” on the Federal Court of Australia website.
If you and your former spouse do not agree about applying for divorce, and are therefore not applying jointly, you will need to have the application served upon your ex-spouse by way of engaging process server.
The additional cost of this service is approximately $100 including GST. If the divorce is opposed and you need a family lawyer to appear on your behalf, your legal fees will be a surplus to the court filing fee.
Deadlines
There are deadlines for everything in court. As it is, there is an important limitation period starting from the date that the divorce takes effect.
Starting from there, you and your ex-spouse will have only 2 months to apply for a property adjustment order (family law property settlement). If you miss the deadline, it may still be the case.
However, the permission to start the case may not be3 given. It is always better to apply for orders before the deadline.
Your separation date is essentially the date when your marriage permanently broke down and either party separately, or jointly with the other spouse, determined that there was no reasonable likelihood that you would resume married life with your spouse.
Last notes
Divorce only finalizes the end of a marriage. It does not deal with issues related to children and property settlement.
Essentially, it is an order from the court that declares that you and your partner are not married anymore. As such, you are enabled to marry again.The Divorce Application can be made jointly with your former spouse or solely by you.
Likewise, a divorce does not impact how much you receive from your property settlement.
However, it triggers the time limitations which you need to know: once your divorce order issues, you will have 12 months to finalize your property matter.