There are many reasons that you might want to end your marriage. A growing divide, infidelity, and even abuse may stand as a cause for divorce. It is not entirely uncommon either – in Australia alone, one in three marriages are terminated after a while. If this is something that you are considering, however, you may realize that divorce is actually a rather abstract concept to most and you may not realise what it entails. So, if this is a path that you wish to embark upon, here is what you need to be aware of:
There are Several Ways to Go about Divorce
One of the first questions that you may have is, how do you initiate the process? Well, to start with, you should speak with your spouse. This is to determine if you are on the same page with one another. After all, divorces don’t always have to be battles between two individuals. If both you and your spouse can see eye to eye regarding your current situation, a more amicable approach can be possible. For instance, you could either have an uncontested divorce or perhaps, even file together. It will be much simpler for all those involved if there is a cohesive decision.
You Will Need Expert Assistance
It is a good idea to contact family law solicitors Sydney quite early on in the proceedings. This is particularly important if you have children under the age of 18. Then, issues of custody come into play and it can be a bit more complicated. For everything to go smoothly, the courts will need to see that there is a proper plan in place regarding your children. This includes who the primary parent will be, where the children will live, and what type of financial support will be paid towards them. You will need a lawyer to make it easier for you to come up with a comprehensive plan that outlines all of this. This will allow you to move to the next step of the process faster.
There is a Process in Place
You can’t simply file paperwork to immediately end your marriage. Instead, you will need to be seen as separated by the Australian courts for at least twelve months. The term separation here refers to the fact that the marriage between you and your partner has irrevocably broken down and that there is no chance of reconciliation. It does not, however, mean that you have to live separately. As long as the necessary legal entities have been informed, you can continue to live in the same accommodation as one another. When your period of separation is up, you can then file for divorce.
You Can Withdraw Your Application Too
There is an opportunity for you to discontinue your Application for Divorce once you have filed it. You can also withdraw certain aspects of the documentation that you have filed. For example, if there are some requirements that you don’t want to seek any longer, you can remove these. What you need to understand, however, is that your spouse is still free to continue with the application. In the event that this happens, the proceedings will continue as before.
As you can see, there is quite a bit of information to grasp regarding divorce proceedings. This is why it is quite important that you have the proper legal guidance during this time.