Divorce is an emotional process, but it’s also a legally binding one. If you’re considering divorce in Australia, then these 7 things are essential to know about the divorce process!
1) You don’t have to be married for two years before filing for divorce in Australia
Many people believe that you have to be married for two years before you can file for divorce, but this isn’t the case in Australia. In fact, as long as you’ve been separated from your spouse for 12 months, you’re eligible to file for divorce.
The divorce process in Australia requires that you live separately from your spouse for a minimum period of 12 months before filing for divorce. This is known as the ‘separation period’. After filing for divorce, you will need to wait until the court grants your divorce. The process usually takes around three months, but it can take up to six months if there are any issues.
2) There are three grounds that can lead to a successful divorce: adultery, cruelty, or desertion of spouse by other parties
There are three grounds that can lead to a successful divorce in Australia: adultery, cruelty, or desertion of spouse by other parties.
Grounds for divorce are the reasons that you state in your divorce application as to why you believe your marriage has failed. If you choose to rely on one of these three grounds, then you will need to provide evidence to support it.
Adultery is when one spouse has sexual intercourse with someone else without the consent of their partner. Cruelty is any physical or mental violence inflicted upon your spouse. Desertion occurs when your spouse leaves you without justification and without your agreement.
If you don’t want to rely on any of these grounds, there’s also the option of filing for divorce on the grounds of ‘irretrievable breakdown’ or ‘no fault’. This means that you don’t need to prove anything other than that your marriage has broken down irretrievably.
3) A marriage must not have been consummated if both parties are under 16 years old at the time of marriage
If both parties are under 16 years old at the time of marriage, a marriage must not have been consummated. This means that the two parties cannot have had sexual intercourse.
Consummation occurs when a husband and wife engage in sexual intercourse. If this hasn’t occurred, then the marriage is considered to be void. However, if one party is over 16 years old and the other party is below 16 years old, then the marriage can still be valid if it has been consummated.
It’s important to note that any marriages that occur between 15-18-year-olds will require parental consent in order for them to be legally binding.
If you’re considering filing for divorce and one or both of you are under 16 years old, then you will need to file for an annulment.
4) The Court will hear any children’s views on the custody issue and make its decision accordingly
The Court will hear any children’s views on the custody issue and make its decision accordingly. The Court will also take into account what is in the best interests of the child when making a decision about custody.
When it comes to deciding who should have custody of the children, the Court will consider a number of factors including:
-The age and sex of the child
-The relationship between each parent and the child
-How well each parent can care for the child
-Any special needs of the child
-If either parent has been convicted of a violent or sexual offense against another person
It’s important to note that there is no presumption that one parent will automatically be awarded custody of another. The final decision rests with the Court.
If you’re going through a divorce and you have children, it’s important to seek legal advice so that you can understand your rights and the Court’s decisions relating to custody.