Divorce and Separation: 8 Things Lawyers Want You to Know!

Are you considering the notion of applying for a divorce? If your relationship is suffering hardship, you may want to start considering your options. Choosing to end a marriage is an incredibly difficult decision, causing a large amount of emotional strain, which tends to become more stressful when there are children involved.

According to the Australian Bureau Of Statistics (ABS) most recent study, there were 49,032 divorces granted in 2017 (and 112,954 marriages) which was up 5.2% from the previous year so the rate has risen slightly.

Before you make a decision, we recommend getting in touch with a divorce and separation lawyer, as they will be able to provide you with professional advice to help untangle the mess. When you choose to get a divorce in Australia it means you are willing to terminate your marriage and possibly remarry in the future. 

Applying for a divorce can be a long and tedious process and here are some important things you may want to know before taking the step.

Separation and divorce advice

1. My partner does not want a divorce. What do I do?
   In some instances, one partner may not want to go through with the divorce. If this is the case, you will need to prove that your marriage has ‘irretrievably broken down’ - this establishes grounds for divorce. It is important that both partners know about the court hearing and abides by stringent deadlines in submitting court documents. If you are having difficulty reaching an agreement, it is best to reach out to a divorce and separation lawyer for advice.
2. Can I get a quick divorce?
   In Australia, there is no such thing as a fast divorce. It is not as simple as snapping your fingers one day to be divorced the next. The process is rather lengthy and requires both partners to be separated for at least 12 months. If there is a time of failed reconciliation during the 12-months, the process will be re-started. After a couple has been separated, it takes approximately four months to apply for a divorce to make it final. It is best to speak to a divorce and separation lawyer in Sydney, to ensure the process is as efficient as possible.
3. During the separation period, can I still live with my "partner"?
   You will need to provide evidence that you are separated and not engaging in any inappropriate relations. Both individuals must be living in separate rooms, have separate bank accounts and live independent lives. Their split must also be open knowledge to family and friends.
4. If I've only been married for one year, can my divorce be settled quicker?
   If you have been married for less than two years – you must first attend a mediation session to make sure you and your partner are making the right decision. You will need to obtain a certificate from your counsellor. Following this, standard divorce procedures apply - including the 12 month separation period.
5. Can I remarry immediately after the divorce?
   Your marital status is not final until a month after you have received your divorce certificate. You will have to wait at least a month before you decide to commit to another relationship.
6. Do I have to wait until after the divorce to reuse my maiden name?
   You can change your name whenever you like. It is your choice. Before, during or even after the divorce has been finalised. However, if there are children involved and you want to change the name of their child - both you and your partner must give consent.
7. What happens if my partner has had an affair?
   Under Australian law, there is a ‘no-fault’ jurisdiction meaning the blame of the breakdown of a marriage can not be placed on one person. The court looks at all couples the same and requires a 12-month separation period to see whether or not the marriage has ‘irretrievably broken down.’
8. Can I get divorced without a lawyer?
   You will be able to apply for a divorce without a separation and divorce lawyer. To do this, you will need to apply online and attend to all documents yourself. However, we do recommend hiring a divorce/separation lawyer to help you with the process and guarantee the results you need.
   
   

At Prominent Lawyers, we understand how a breakdown of a close personal relationship is one of the most traumatic things you can go through. Our lawyers will be able to support you and guide you through a solution that lets you move on with your life. 

Our professional divorce and separation lawyers will ensure you reach the results you want. 

Get in touch with us on 1800 77 66 46