Important Issues To Consider Before Applying For Divorce in Perth

March 6, 2024    Family Lawyers Perth
Important Issues To Consider Before Applying For Divorce in Perth

The legal dissolution of any marriage facilitates great changes in an individual, their partner, and their children’s lives- if any. That’s why, before proceeding with a divorce, it is necessary to deliberate on several issues and clauses that can help you navigate the process more clearly.

Talking to the best divorce lawyers in Perth WA can help you chalk out all of the factors involved in a divorce and its subsequent settlement so that the dissolution is as smooth and favourable as possible.

What should you consider before applying for a divorce?

A common misconception around divorce is that it comes automatically included with settlements on property and child support. However, that is not the case. A divorce is an administrative process that legally dissolves a marriage and makes the parties involved in that marriage revert to their status of being single in the most straightforward way possible.

However, depending on the reason for the divorce, there can be many points to consider regarding the practicability of a divorce and how to make it easier.

1. The time period

Obtaining the “absolute decree” or final order for divorce in Australia takes up to four months from applying. However, it is necessary to consider the cooperation of the spouses in this. There can be significant delays caused by contestations if a spouse lives overseas or if they cannot be located. Good divorce lawyers in Perth can help in especially tricky situations like these.

2. The cost of divorce

The costs involved in filing for a divorce can vary depending on legal representation, if the marriage took place overseas in another country, or if there are children below the age of 18 involved.

In Australia, a divorce can cost around Affordable Australian dollars. Depending on the complexity of the case, the best divorce lawyers in Perth can provide you with a personalized estimate.

3. The grounds for divorce

Before 1975, divorce laws in Australia were “fault-based.” This meant that there needed to be some fault in one of the involved parties, like adultery, unreasonable behaviour, etc., for the divorce to be granted. However, The Family Law Act introduced in 1975 made that null and void. A divorce can be granted in Australia if:

  1. You prove that your marriage is irrevocably broken down with no chance of reconciliation. This requires a separation period of 12 months or more,
  2. You need to have been married for at least two years, without which it is necessary to attend counselling from the family court.

While divorce does not need a fault to be seen through, often divorce cases are intertwined with cases of domestic violence or abuse. In such cases, the fault can be criminal, requiring a different proceeding and precautions. In such cases, seeking legal assistance as soon as possible is imperative for your safety and well-being. Talking to a family violence lawyer can enable you to navigate your next steps.

4. The care for children

It is not necessary to wait for a divorce to be through before taking up discussions of child care. If you and your spouse have children below 18, arrangements for their wellbeing can be made well before the divorce. During the divorce proceedings, the court is responsible for ensuring that adequate arrangements are made to care for the child’s psychological and physical needs. Custody disputes can carry on independently of these arrangements.

Consulting the best family lawyers in Perth can help you through custody and child support and prioritise your child’s best interest.

5. Property settlements

A divorce does not automatically come with property settlement. Often, they are separate disputes of their own. A divorce can be related to property settlements when applications for maintenance and settlement are filed within 12 months of the divorce.

6. Overseas marriage

The family court in Australia has the authority to dissolve marriages that took place overseas or in another country. However, that is subject to two conditions:

  • The person must be an Australian citizen either by birth, grant, or a permanent resident
  • They must be permanent residents of Australia with plans to live in Australia indefinitely.

If your certificate of marriage is in a different language, it is necessary to translate the document into English before the divorce can proceed.

Summing up

As common as divorces are, there can be quite a few underlying factors that make them tricky to navigate. There are quite a few issues that should be under consideration. Employing the help of the best family lawyers in Perth WA, can empower you to make decisions that are in your best interest and the interest of your children, if any. So, get in touch with the best lawyers today!

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