If your relationship has irretrievably broken down, and you wish to officially be separated from your spouse, you may be considering divorce. If you or your spouse is an Australian citizen, ordinarily live in Australia and have been living in Australia for 12 months immediately prior to the filing for divorce, and are able to satisfy the Court with evidence that you and your spouse have lived separately for at least 12 months, then you will be eligible to file for divorce.
How do you secretly prepare for a divorce?
Perhaps one of the most important things when preparing for a divorce is to get your paperwork in order. This can range from ensuring that you have your marriage certificate, birth certificate, visa notice, passport, bank statements, and other related paperwork to ensure a smoother application for your divorce, which you can do online, or complete necessary forms and post to a Family Law Registry for filing, along with an application for Divorce.
You need to also update your bank accounts, your will, and your superannuation to prepare. All of these processes will be made easier by consulting with a divorce lawyers Perth, who will provide much needed legal advice and support during this period, including, but not limited to, property division and childcare arrangements, which will not be covered by a divorce ruling, but may still need addressing.
What can you not do during a divorce?
Do not neglect your finances, as legal fees and regular day to day expenses can pile up while legal proceedings are occurring. Do not disclose divorce proceedings with unaffected parties, either, and rely on your legal representation to handle your case, not well-meaning but otherwise legally uninformed friends and family.
Is there an advantage to filing for divorce first?
An advantage to filing for divorce first is that you have the opportunity to consult with various lawyers who will lay out your options for you. You’ll also have enough time to prepare yourself mentally and emotionally for the process of divorce, as well as financially, too.
What are the steps of going through a divorce?
As stated above, you must fulfill the period of separation requirement of 12 months for your divorce application to be valid. After that, you can start the process of filing for divorce either by yourself, or by filing jointly with your spouse. You can apply online and pay the Court filing fee, and wait for a hearing date.
If you applied for yourself, or have children under 18 years of age, you must attend your divorce hearing. Otherwise, if the application was jointly filed, or you do not have minor children, you can opt to not attend.
Should the Registrar be satisfied that the grounds for divorce has been established properly, and both parties are in agreement for divorce, or at least the other party has been properly served the application, divorce will be granted, and in effect a month and a day after the hearing, at which time a Divorce Order will be sent to you and your former spouse.