Divorce is a significant life event that brings about change and uncertainty and a lot of the time, you won’t even completely understand how to get a divorce. At Stanford Legal, your collaborative legal team, we understand these personal and emotional complexities, particularly for spouses with children.
We’re here to make the legal aspects of divorce clear and manageable, offering reassurance and guidance every step of the way. Our approach is centred on providing compassionate, tailored advice to help you move forward with confidence, knowing your interests are protected and your voice is heard.
What is considered a divorce in Australia?
The decision to end a marriage isn’t made lightly, and the process reflects the need for careful consideration. In Australia, the main requirement for a divorce is the irretrievable breakdown of the marriage, evidenced by a 12-month separation. This separation demonstrates to the courts that reconciliation isn’t expected. Even if you continue to reside under one roof for practical reasons, the separation is valid with the right documentation. Stanford Legal is adept at navigating these requirements and will help you compile the necessary evidence, treating your circumstances with the respect and discretion they deserve.
Preparation before applying for a divorce
As you consider the prospect of divorce, being thoroughly prepared can provide a sense of control during an emotional time. The path to divorce begins with preparation, both legally and mentally. At Stanford Legal, we recommend collating important documents like your marriage certificate and financial records before starting the application, but understanding the emotional journey is just as critical as the paperwork.
You will need the following documents and information to start your divorce application:
Identification
A valid form of identification for both parties.
Marriage Certificate
An original or a court-certified copy of your marriage certificate.
Citizenship Documents
Details of the Separation
Including the date and arrangements during the separation period, especially if you have still been living together under the same roof.
Financial Records
Comprehensive details of income, assets, and debts.
Parenting Arrangements
If applicable, a parenting plan or evidence of the current arrangements for the care of children.
If applicable, a parenting plan or evidence of the current arrangements for the care of children.
Our team of family lawyers stands ready to support you through your divorce, ensuring that you feel educated and empowered for the process ahead. We’re committed to offering clear and straightforward guidance, making sure that you’re not only prepared on paper but also thoroughly understand what you are entitled to and the impact of the decisions you make.
The Application Process
Navigating the application process for divorce can seem daunting, but with step-by-step guidance, it becomes manageable. Here’s a simplified overview:
Filing the Application
Complete the divorce application form, ensuring all details are accurate and the grounds for divorce are clearly stated.
Submitting Documents
Along with your application, submit all required documents to the court.
Serving the Application
If filing a sole application, legally provide (serve) the other party with the application and supporting documents.
Court Hearing
Attend the hearing, where the details of your application will be reviewed.
Outcome
If the court is satisfied, they will issue a divorce order, which becomes final after one month and one day.
Child custody and support during a divorce
At Stanford legal, when children are part of the divorce equation, their wellbeing becomes our central focus. Our approach to child custody and support matters is always infused with compassion and a commitment to achieving stability and security for the young lives affected.
Our role is to guide you through these sensitive matters, ensuring decisions are made that reflect the best interest of your children and your rights as a parent.
Property and financial settlements
Resolving property and financial matters is a crucial step towards a new beginning. The aim is to reach a settlement that is fair and just for both parties, considering the unique circumstances of your relationship. Assets and debts are carefully assessed, which includes everything you’ve both acquired, from real estate to superannuation, investments, and personal belongings, as well as any debts.
At Stanford Legal, we believe in a fair and equitable division that respects the contributions each person has made and the future needs of both parties. We understand that fair doesn’t always mean equal, but what’s just and equitable for your specific situation.
Finalising the divorce
Your divorce becomes final when the court issues a Divorce Order. This occurs one month and one day after your divorce hearing, provided the judge has granted the divorce.
This legal decree is significant—it means you are no longer married and are free to remarry if you choose.
Moving Forward with Confidence
As you move beyond divorce, know that Stanford Legal remains at your side. Our commitment to guiding you through the transition is steadfast, grounded in our values of empathy, education, and empowerment. We provide ongoing support, advice, and counsel as you navigate the post-divorce landscape, particularly in updating your Will, ensuring that you do so with confidence and clarity.
If you seek a compassionate partner to guide you with personalised legal support, our team is here to help you forward. Reach out to us to find out how we can assist you in moving forward with confidence, empowered with the knowledge that comes from empathetic legal guidance and education.
