Divorce quotes

When people divorce, it's always such a tragedy. At the same time, if people stay together it can be even worse. Monica Bellucci

When two people decide to get a divorce, it isn't a sign that they "don't understand" one another, but a sign that they have, at last, begun to. Helen Rowland 

Today, one year after their divorce, Pamela and Tommy Lee announced they're getting back together. You know what that means? There's still hope for Ike and Tina Turner. Jay Leno

Money is better than poverty, if only for financial reasons. Woody Allen

People named John and Mary never divorce. For better or for worse, in madness and in saneness, they seem bound together for eternity by their rudimentary nomenclature. They may loathe and despise one another, quarrel, weep, and commit mayhem, but they are not free to divorce. Tom, Dick, and Harry can go to Reno on a whim, but nothing short of death can separate John and Mary. John Cheever

The Devil is in the detail. Famous lawyers' saying

I'm an excellent housekeeper. Every time I get a divorce, I keep the house. Zsa Zsa Gabor


Divorce Process

Divorce Process

Divorce process in Australia involves three main stages:

  1. Formal divorce
  2. Children orders
  3. Property settlement

1. Formal divorce

Australia adopted a "no fault" divorce and the only grounds for divorce in Australia is the irreparable damage to a marriage, which can only be proven by the spouses living separately for more than 12 months.

This means, you can be divorced by simply applying to a Court after being separated from your spouse for more than one year. It generally takes 2-4 months to get your divorce hearing and after that, another month for your divorce to become final.

The "Formal divorce" is the easiest and most straightforward part of the divorce process.

2. Children orders

You can agree on "Parenting plan" with your ex-spouse at any time and file to the Court for "Consent orders". If you cannot agree, then you need to file to Court for children orders. 

Since 2007, the general rule in Australia is that parents have equal rights to care for the children, which often translates into a "week-about" arrangement where the children spend one week with one parent and another week with another parent. It is also common, especially for younger children, to live with the mother and spend every second weekend with the father.

You can represent yourself in Court applying for children orders, or hire a lawyer, or apply for Legal Aid to provide you with a lawyer. 

"Children orders" can take several months to obtain.

3. Property settlement

Property settlement is the most complicated part of the divorce process. You can apply for property settlement orders any time after your separation but it must be done within 12 months since the date of your formal divorce.

Legal Aid will not provide you with a lawyer for the process of property settlement.

Property settlement and division of assets can take years. Usually in Australia it takes about 2-3 years, unless you agree with your ex-spouse out of Court.


READ ALSO: 

Do I Need A Divorce Lawyer? Find out whether you need to hire a divorce lawyer.

 

News Corner

1 March 2009 - New de-facto regulation became effective in Queensland, Australia: de-facto couples whose relationship broke following 1 March 2009 will be applying to Family Court for both property settlement and custody of the children.

 

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