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9 Things you need to know if you’re divorcing

Divorce, parenting agreements, or property distribution are a part of life and when you’re faced with these challenges there are at least 9 things you need to know if you’re divorcing.

  1. You can’t get a quick divorce. In Australia to get a divorce you need to be separated from your partner for at least 12 months.  If you reconcile anytime during that 12 months, the time starts again.
  2. If you live together while divorcing you’ll need evidence to prove you are no longer together. To do that, some suggestions are: separate bank accounts, openly sharing with friends and family that you’re no longer together and having separate bedrooms are just some of things you might need to prove.
  3. Divorce doesn’t include parenting and property arrangements. You can get the court to take on consideration of your matrimonial asset distribution by applying within 12 months after your divorce is finalised.
  4. You can use your maiden name before, during and after your divorce. Organisations will have different identity proof requirements, they need to change your name.  Some of these include: Your official birth and marriage certificates and certified copies of both and evidence of updated photo ID.
  5. Your divorce is not considered final until one month after you receive your certificate. Make sure you don’t remarry in the month after your divorce or you’ll be considered a bigamist!
  6. You can divorce even if you’re partner does not want a divorce. You need to tell your partner you intend to apply for a divorce, and you will also need to prove that the marriage has ‘irretrievably broken down.  Make sure you stick to all the strict deadlines set by the law and be aware that your partner can file a response prior to the hearing if they object to the divorce.
  7. If you’ve been married less than 2 years both of you will need to attend a mediation session. When you’re divorcing after less than 2 years marriage you will still need to be separated for 12 months.  In addition to that you will need a certificate from the counsellor you attend the mediation sessions with.
  8. Divorce in Australia is a ‘no fault’ jurisdiction. Divorce here in Australia doesn’t have a ‘blame’ or ‘at fault’ system.  All that is needed is proof of a 12 month separation period to prove that the marriage has ‘irretrievably broken down.’
  9. If you were married overseas you can get a divorce in Australia. As long as you live in, are a resident or citizen of Australia, you can apply for divorce here in this country.  You need to supply a marriage certificate from that country.  If it’s in another language, there’s a few extra documents that you’ll need.

If you would like help with your separation or to discuss the 9 Things you need to know about Divorce, contact our office for an appointment with Leonie Davey on 07 4925 0229.