What is divorce?
Divorce is a severing of the legal bond of marriage between husband and wife. This in effect is the severing of the legal relationship, where husband and wife are no longer legally bound to each other’s commitments.
Divorce does not:
- Determine the distribution of the assets of the marriage – this is covered under property arrangements, and it is not;
- Determining where the kids live or who they spend time with – this is done under parenting arrangements.
If you’re confused about the process you’re not alone. At Bateys Law Firm we will assist you with your divorce application to ensure that the timing is appropriate so you don’t jeopardise what is rightfully yours in your property settlement, and ensure that the appropriate steps are made to ensure that you get to spend time with the children.
I want to get divorced.
What do I do?
In Australia we have a no fault divorce process. All that is required is that the marriage has irretrievably broken down and this is evidenced by separation for a period of not less than 12 months. If the separation period has been satisfied you will need to file an application for divorce and pay the necessary filing fees. We can assist you in this process.
The divorce is normally granted in approximately 8 weeks from the date of filing depending on court availability. After the Court has approved your divorce it takes 1 month for it to become effective. It is wise to make sure that your property has been sorted out prior to getting the divorce as you only have 12 months from the divorce date to finalise your property division.
When should I get my divorce?
This will depend on your individual circumstances. You will need to be divorced prior to remarrying. However it is often better to delay your divorce until your property division has been dealt with as you only have 12 month from the divorce date to finalise your property division. We can assist with the timing of both these matters to ensure that your personal needs are satisfied.