Lawyers answer: What do you need to know before getting a divorce?

Some sources have reported that divorce rates in Sydney are set to spike due to the COVID-19 pandemic. Stay-at-home orders and social distancing resulted in more couples spending more time together and possibly realising their incompatibilities. If you are one of those unfortunate couples, then you may currently be going through an emotionally and mentally draining time.  Before you decide on divorce and begin calling your lawyer, we suggest that you do some research into what divorce proceedings actually entail.

Divorce is not as simple as it may sound. There are various processes to go through, it is emotionally and financially taxing and is an extremely lengthy process. Here’s a brief overview of a divorce process.

1. Separation – You must separate for at least 1 year before you can apply for a divorce. This step includes the decision that the marriage is over (even if it is by one party only) and the leaving of the family home. Please note that you can be separated and live under the same roof in some cases.
2. Application – Only after a 1-year separation can you apply for a divorce. You must file a number of various documents including the application for divorce and your marriage certificate. The application is filed in court, listed for a hearing and then served to the other party. This process takes between 6 and 8 weeks to complete.
3. The hearing – You will attend the hearing with your representative from Prominent Lawyers who will act on behalf of you. Your divorce order will be pronounced once the court is satisfied with a number of requirements. You can expect that this will take 1 month and 1 day.
4. Final – After 1 month and 1 day, your divorce will become final.

Understanding this process is key in determining whether you are prepared to go through with divorce proceedings. Here’s some more information by divorce lawyers in Sydney that you should know.

5 things to know before getting a divorce according to a Sydney lawyer

1. There’s no option for a quick divorce
   If you wake up tomorrow and feel like filing for divorce then, note that in Australia, this is not possible. In order to even begin your application process for a divorce, you and your partner must be separated for at least one year. Reconciliation in between this year basically restarts the 12-month separation requirement. After your application for divorce, the process may then take a further 4 to 6 months, depending on your case. So, you’re looking at an estimated 18 month lead time for your divorce.
2. You can’t do everything when your divorce order is issued
   When you receive your Divorce Order or Certificate, it takes a further one month and a day for it to become final. So, don’t make any plans or rash decisions when you receive your pronouncement as in some cases, this may land you in legal trouble. Remember, you are technically still married unless one month and one day pass. However, you can change your name before, during or after your divorce.
3. There’s a special process if you’re married for less than 2 years
   If you and your spouse are married for less than 2 years then you don’t undergo the regular divorce proceedings. You will first need to attend a mediation session and obtain a certificate from your mediator—this is the only difference. After this step is taken then you need to follow regular divorce proceedings. For couples married less than two years, the divorce process is longer due to the mandatory mediation session.
4. You can still file for a divorce even if one party opposes
   You can file a divorce even if your partner does not want to. However, you will have to prove that your marriage has “irretrievably broken down”. You or your legal representative must inform your partner of the divorce hearing. They also have the right to file a response to your application prior to the hearing.
5. You can be separated and live in the same house
   Even though you must be separated for 12 months before you can apply for a divorce, there is some leeway in what constitutes separation. In some cases, you are allowed to be considered separated even if you live in the same house. However, you will need to prove that you are effectively living separate lives. This includes ceasing sexual activity, paying separate bills and being open to friends and family about your intention to divorce each other.

At Prominent Lawyers, we want to help you through the draining process of a divorce. Our team believes that part of that help includes being prepared for the process and understanding the key details of the divorce journey. We understand how mentally exhausting the process can be and will represent your interests clearly and fight for an amicable but fair decision. Our team of lawyers who are experts in the family law and divorce field are happy to provide advice and will guide you through every step of the process until you are content with your outcome.

Get in touch with us on 1800 77 66 46