A divorce in Australia is complicated, involving several stages and lots of nuances. If, unfortunately, you have this plan on your agenda and need professional assistance, Forte Family Lawyers are glad to help you with this challenging issue. We are sitting in Melbourne and are open to both online and personal consultations. In this article, we will share intricate details about the separation, both physical and financial.
What Is Separation and When It Happens?
Separation is a timespan preceding a divorce. This period is envisaged by the Australian laws specifically to give the couples enough time and decide whether they really want to finish the divorce proceeding. Separation lasts for 12 months in Australia and greatly contributes to eliminating the risk of hassle decisions.
It is not even compulsory to leave apart during this period. A couple can continue living under the same roof.
Practically, it may really be justifiable and encourage mutual agreement on continuing the marriage further. However, in certain cases, the differences between the spouses are so sharp so they don’t see any other way except to finalize the divorce.
There is one nuance. According to the general rule, Australian laws require couples to file for a divorce not earlier than 2 years after the marriage date. Even if a couple was separated for one year, it is still encouraged to file for a divorce only when 2 years after their marriage has passed.
In a limited number of cases, it is indeed possible to file for a divorce earlier than 2 years after entering into marriage. If you have appeared in this exact situation, contact Forte Family Lawyers. Professionals will apply their best expertise to get special permission from a court for a divorce.
How to Separate Financially from Your Former Spouse?
Divorce and separation are often overshadowed by emotions. Sometimes they are truly overwhelming. In this course, couples often lose from their focus one important point – proper financial separation. Depending on the type and value of property you possess jointly, the specific strategy may vary and may need professional consultation to be maximally effective. However, these tips will be helpful under any circumstances:
- Gather financial documents. Financial separation always needs preciseness. The calculations can’t be made in mind. Shortlist all the sources of income and assets you possess, supporting this list with the relevant documents. These may be, for instance, the bank statements and receipts for significant purchases.
- Understand the debt pool as well. It is never enough to know the joint assets only. Mortgages, credit card balances, and loans have to be taken into account and assessed precisely also.
- Separate your finances. During the separation, you have to become financially independent as soon as possible. Open your personal bank account and redirect your income and savings there. If this is possible, close the joint bank accounts or at least limit the access to them to secure the funds stored there for future division.
- Assess your and your spouse’s contributions to the joint property. Understanding the contributions of each other plays a crucial role in future divorce property arrangements. By the way, non-financial contributions, like raising kids or maintaining the family home should be taken into consideration as well. The matter of property division should be assessed with special attention. If you need help in this course, contact professional lawyers for more precise assessment and help.
How Long Does It Take to Divorce?
It typically needs 3-4 months to complete the divorce after filing the respective documents. The court usually reserves a sufficient amount of time for the parties before scheduling the hearing. It will take place 2-3 months after filing the application.
If one of the spouses makes a sole application for a divorce, all of the related documents must be served to the other party at least 28 days prior to the hearing if the respondent resides in Australia and at least 48 days if abroad.
The divorce will come into effect 1 month and 1 day immediately after the court proclaims the respective decision. At the same time, it is possible to establish a shorter period in certain cases.
Bottom Line
Divorce is never a simple topic. It covers lots of challenging issues, the term of separation often appears in this row. If this is the most disturbing issue for you now, Forte Family Lawyers are ready to apply their vast expertise to settle it in your best interests. Whether you have any other divorce-related challenges, let us know. We are ready to help you shortly.
