Many couples in Australia often feel confused about the legal rules regarding divorce. Wisely, they depend on divorce lawyers in Brisbane to take the right legal steps. However, this doesn’t mean you can’t learn the separation and divorce rules. It is important to understand the minimum separation period before filing the case.
A 12-month rule for legal separation in Brisbane
According to Australian laws, couples should remain separated for at least a year before applying for divorce. It may be a continuous separation period or a reconciliation for a short period. The Family Court of Australia has set this rule for couples who want to get divorced. However, a 12-month separation does not mean you have to live in a separate house. Although you can reside in the same house, you must not share a bed. It means you should not act as married couples during the separation timeline.
Exception to the rule
In some cases, the Family Court grants a divorce before the minimum separation period. For instance, if you are experiencing domestic abuse or violence, file the divorce lawsuit before a 12-month separation.
Moreover, although you can apply for legal separation after the timeline, the court will ask you to show evidence. Note down the date of separation, as you need to disclose it during the court trial. If you live in a separate house, your address proof will be essential for divorce.
An affidavit from you should outline:
- The time of physical separation
- Separate finances
- No socialising with your partner
Other considerations for your divorce proceedings
Several other factors may affect your court proceedings for divorce. For instance, the lawyer will help you divide your marital assets during the divorce litigation. Also, parenting arrangements are important if you have kids. A consent order is essential to formalise the agreement. Besides, for domestic violence, the Family Court will take the issue seriously.
The process of applying for divorce
To start divorce proceedings, you have to submit your application to the Family Court and the Federal Circuit. You may send a joint or individual application to the court. The best divorce lawyers in Brisbane will instruct you on the documents needed for the lawsuit. You need to submit your marriage certificate to the court. In some cases, the court will ask for a counselling certificate.
You will be charged a filing fee for divorce proceedings. Legal aid is available to reduce the fee if you have financial issues. Once you have submitted the application, the court will schedule the divorce hearing. Attend the hearing to solve any dispute. You will know about the hearing date after the court has processed your application.
Conclusion
Divorce laws in Brisbane are complicated for some couples. Only legal professionals know how to make the lawsuit stress-free for couples. They will also provide information about the minimum separation period and other relevant rules for divorce. You and your partner can go through the separation process smoothly.
