Divorce. The word rarely fails to stop you in your tracks, even if only for a second. Heart Wrenching. Sad. Uncertain. And yet, perhaps also hope and vision for a new or different life. Most likely if you are contemplating separation or divorce you are encountering a lot of uncertainty. Questions about who you are and what you value may arise to the surface.
Coming to terms with the decision to separate or divorce is no simple matter. Adding children into the mix only adds to the confusion. Added to fears of how it will affect you and those around you emotionally, is how to navigate the practicalities and legalities of what can seem simply too much in what is already an overwhelming situation, not to mention the stress of the impending costs. At Effective Legal we are setup to simplify this process – we understand the personal nature of divorce and can provide you with professional & practical solutions to get you through this difficult time.
Each person’s situation is entirely unique, and we’re available to offer services based on your specific circumstances. Some situations may be mutual & amicable, others – not so much. In some cases, mediation and counselling services are recommended or required. Here are some common concerns/queries that people have when contemplating divorce:
Separation requirements for divorce
To apply for a divorce, it needs to be clear that at least one of you has decided to end the marriage. There are legalities in place to ensure that the decision is not made hastily, such as a yearlong separation requirement. You can be separated and remain under the same roof, however if this is the case it is important to consider that you may need to give evidence to a court to show that you have been separated for at least a year. Some examples of required evidence are: who knew that you were separated? How did you communicate the decision to end the marriage to your (ex) partner? In some cases, an Affidavit may be useful. An Affidavit is a written statement where the contents are sworn to be true and witnessed by an “authorised person” (a Justice of Peace, for example).
When one party does not want a divorce
If one party doesn’t want a divorce, legal advice should be consulted. The court will likely grant a divorce even if the opposing partner doesn’t want to if it is shown that a marriage has broken down irretrievably and a separation of 12 months has taken place.
How children are managed in a divorce
If there are children under the age of 18 years of age, legal advice should be sought. The court will need to see that appropriate arrangements are in place for children before a divorce is granted.
What happens to your possessions and assets in a divorce?
Sorting out “property orders”, i.e. all the stuff you have collated together in your time together, can begin as soon as a separation has commenced. You do not need to have a divorce to begin this process.
The current Court fee as May 2019 is $845. If you are currently receiving Commonwealth support, you may be entitled to a reduction in fee.
Divorce can be an extremely stressful time for everyone involved. It’s important to be kind to yourself, find support, and have the courage to lean on that support in times like these. It’s critical to seek out trusted family members, or counselling services to help share the load. Surrounding yourself with people you can trust, who provide comfort and guidance is so important. You are not alone in your contemplation of or decision to divorce or separate. In Australia, almost half of all marriages end in divorce.
Below is a link to Australia’s stance on divorce
For general advice surrounding divorce and separation there are free services available such as https://www.familyrelationships.gov.au/
For legal advice specific to your circumstances contact Effective Legal Solutions – let us walk you through the divorce process and give you peace of mind.