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It’s always good to hear two people getting married and attempting to spending their lives together! However, not all marriages last, and at times problems in marriage end up in a divorce. The divorce takes place when two people can’t stay together peacefully. At times, partners outgrow each other and want to mutually part ways peacefully.

Divorce involves legal procedures! Hence, you must join hands with a family lawyer. If you are searching for one, you can check out strategic lawyers. If you plan to part ways with your partner, you might have several queries about divorce. Some of the common questions are:

  1. Can you get a fast divorce?

In Australia, you wouldn’t find anything like a quick or instantaneous divorce. If you want to apply for divorce, you and your partner should stay away for 12 months at least if there is a phase of failed reconciliation for about three months and more, the process of one-year separation restarts. It takes about four months to apply for a divorce and finalizing one.

  1. What happens when you stay together with your partner during the separation period?

You can still get a divorce if you give evidence that you are separated. It might involve having separate bank accounts, residing in different rooms, and cooking individual meals. You ought to be open about your separation with your family, friends, and neighbours.

  1. If you aren’t married for long, will a divorce take less time?

If you are married for about or less than two years, you and your partner should attend a mediation session. You also need to get a certificate from the counsellor. If you can’t get it done for any reason, you need to file an affidavit. After this, the standard divorce process applies, which comprises the 12 months separation time.

  1. Can you get a divorce if your partner doesn’t want one?

If you can prove that your marriage has no chances of reconciling, you will cater to the grounds of divorce. Every partner has their right to know about divorce hearings. Additionally, there are firm deadlines for submitting documents to the court. If your partner doesn’t support the divorce, they can file their response before the hearing.

  1. Can you remarry instantly after the divorce?

Once you get your divorce certificate, the new marital status needs about one month to get sanctioned. Hence, it’s not correct to remarry instantly as it gets known as bigamy.

  1. Will the court punish you if you had an affair?

According to Australian law, there’s a “no-fault” jurisdiction. It means that the divorce doesn’t need the blame to get shifted. Instead, the court has to see a 12-month separation to understand that the marriage is beyond reconciliation.

  1. Does divorce comprise of asset arrangements and parenting?

You have to make the property arrangements and parenting outside the divorce! If you want to court to get involved in the marital asset aspects, you need to send an application with 12 months of the divorce finalization.

A divorce always brings up several legal procedures! These are a few of the questions that might help you to get clarity on divorce.

Allena Dominus

Started the career as a Product Manager, I now reveal the ins and outs of the digital world, online privacy, IoTs, and the trends shaping the technology industry and much more.

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