Getting a divorce is the last resort when a relationship has completely broken down. If you or your partner have decided that divorce is the best option, you may have a few questions. Below are the answers to 3 common asked questions about divorce.
What does separation under one roof mean?
Under Australian law, a married couple must be living separate lives for at least 12 months with no hope of resuming their marriage before they can file for divorce in a family court. This typically involves each party living under separate roofs as one person moves out of the family home. However, the family court understands that it is not always possible for one party to a marriage to move out. If this is the case, you will have to file a request that the family court recognises a "separation under one roof", which takes into account that while you and your ex-partner are still living in the same home, you are emotionally and financially living separate lives. A family law attorney will be able to assist you in filing such a request.
Can I arrange a second wedding before a divorce date has been granted?
If you intend to enter into another marriage, you should not assume that the court date for your divorce hearing and the date of your divorce listed on the official decree will match. Even when the court has agreed that a divorce can proceed there is still a lot of paperwork which must be filed and processed before your divorce becomes final. There can also be unexpected delays if forms are not filled out correctly or if there is a large influx of new divorce cases which overwhelm the court staff. For this reason, you should always wait until you have received your official decree before arranging a second marriage.
What will happen regarding property division, child custody and support payments?
Decisions regarding property division, child custody and support payments will not always be decided at the divorce hearing. If you and your ex-partner can come to some form of agreement, the family court judge may sign off on these issues during the hearing. If you cannot agree with your ex, the issues may be decided at a later hearing once the judge has gathered and examined more evidence. A divorce attorney will be able to help you to present evidence in the best possible way to increase the chance of a positive outcome.
If you would like further advice, you should contact a divorce attorney today.