Getting my divorce settled

Divorce FAQs

Thousands of couples divorce in Australia every year. Therefore, it would be safe to assume that the divorce process is fast and seamless. However, this is not always the case since each divorce has its own complications. Below is an article with some divorce FAQs. With luck, the information in the excerpt should help you plan your divorce. 

How Does One Apply for Divorce? 

There are two ways to file your divorce application; jointly or individually. If you make an individual application, you need a process server to send the divorce papers to your spouse. The rule is to conduct due diligence on the process server to ensure they follow the law when serving divorce papers. If you make a joint application, the Family Court expects you to attend a hearing to determine the fate of your kids. 

Can You Decide What Happens to the Kids? 

The fate of your kids lies in the decisions you and your partner make. For instance, you can decide their primary residence, when each party spends time with the kids, where your children will go to school, where they will spend holidays, and how you will pay for their upkeep. However, the process gets complicated when the parties do not act in good faith. For instance, they could argue from a selfish angle or prevent their spouse from visiting the kids. These actions complicate the process and often result in a court process that is quite unpredictable. However, the court can allow you to amend the judge's ruling by filing consent orders detailing how you want to take care of the kids. 

Can You Void a Prenup or Postnuptial Contract?

In some cases, couples have prenups or postnuptial contracts that put them at a disadvantage when they divorce. As such, they avoid the divorce process. Several interventions can help you nullify such agreements. However, you will need your family lawyer's input. Ideally, the lawyer assesses the legality of the contract. For instance, the agreement becomes void if you were coerced into signing it, did not receive legal advice or did not have adequate time to go through the contract. Furthermore, it could be nullified if it contains illegal clauses. For instance, a clause that denies you matrimonial property for infidelity.

How Can You Make The Process Seamless? 

There are several ways to make the divorce process more seamless. First, hire an experienced family lawyer. The professional will help you overcome oversights that lengthen the divorce process. For instance, failure to attend a mandatory court session could be a breach of court orders. On the other hand, transferring joint property to your name could lead to penalties. You should also be rational when negotiating consent orders. The rule is to consider your child's best interests and not use the process to frustrate your spouse.  

For more information, reach out to local family lawyers