Divorce is the formal step of legally dissolving a marriage after both parties have been ‘separated’ for 12 months.
A divorce order can only be made where the court is satisfied the marriage has ‘irretrievably’ broken down, proven by the parties having lived apart for a year or more.
Once a divorce occurs, important time limits arise for certain actions to occur.
Within 12 months from the date, the parties must have reached a formal agreement about their property settlement and spousal maintenance, or have started court proceedings for financial orders in that time frame.
If you have children under 18 years of age, the court needs to be satisfied that the care arrangements for the children are proper before granting a divorce. It is also important to note that changes to your Will also occur upon your change in relationship.
Once a divorce order is made final, the parties are free to remarry.
Family Dispute Resolution
Where there is a dispute regarding the care of children, the parties are required to attend family dispute resolution with a qualified practitioner, before applying to the Court for specific orders.
The practitioner will then issue a certificate stating that a genuine attempt to reach an agreement regarding the care arrangements for children has been made.
The certificate must be produced to the court before an application for parenting orders can be made.
In some circumstances, the dispute resolution practitioner may issue a certificate confirming that the matter is not suitable for dispute resolution.
The Family Law Act sets out exceptions about when dispute resolution is not required – including in cases of urgency and where there is family violence.
It is recommended that parties obtain legal advice before they attend dispute resolution so that they understand what might be the likely result is they went to court to guide their negotiations.
This is crucial in understanding the range of options and outcomes that might be in the best interests of the children.
Expert family law advice should be obtained before signing a parenting plan or consent order.
