1 Comments Family & de facto law, financial agreements, consent orders
Australia has a no fault divorce system, the only requirement is that you have been separated for 12 months at which point you can lodge the papers for a divorce. The forms can be obtained from the federal magistrates court, you can log on to their website at www.fmc.gov.au. The fee is $334 but you should check the up to date figure on the website. The court will need to be satisfied that proper arrangements are in place for any children of the marriage. If you have been married for less than 2 years you will need to demonstrate that you have attempted reconciliation and provide a counselling certificate.
If there are no outstanding issues, the court may grant the application and order a decree nisi. This decree becomes absolute and your marriage is dissolved after one month and one day unless the application is withdrawn or an appeal is lodged.
Property settlement on divorce can be very complicated. You may also have issues concerning the arrangements for your children, spousal maintenance and child support. Aussielegal can provide a family law kit which contains guidance on all these areas and explanation about the powers available to the court and the basis for the decisions it reaches. It also includes a property settlement calculator where you can input details of your circumstances and assets and the calculator will provide a division of your assets. The calculator is based on our analysis of statistics based on actual cases and the experience of long standing practitioners in this area to give you a guide of how a court might divide up your assets. The kit is avaialable online or by calling us on 1300 728 200. We can also recommend an experienced lawyer in your area. Aussielegal