Frequently Asked Questions About Divorce

Getting a divorce can be a highly emotional and stressful time. At Family Focus Legal, our goal is to make the divorce process as easy as possible for you.

In the following article, we dive into frequently asked questions from those seeking a divorce. The information below is general and does not constitute legal advice.

If you would like to seek legal advice, please contact us.

Do I need a reason to get a divorce?

In 1975, the Family Law Act was passed. A “no-fault” clause was introduced, meaning that neither party had to prove or defend being “at fault” for the breakdown of the marriage. So the answer is ‘no’ – you do not need a reason.

How long after separation can I get a divorce?

To apply for a divorce, you must have been separated from your spouse for at least 12 months. The period is calculated from the date of separation until the date the Application for Divorce is filed.

How long after a divorce can you remarry?

After the 12-month separation, and one month after your divorce hearing, the entire matter becomes final.
Once your divorce order becomes final, your marriage is legally ended and you can remarry.

What is a wife entitled to in a divorce settlement?

Marital assets are items that a couple has acquired or built up during their marriage. Typical matrimonial assets include property, pensions, savings, personal belongings, and cash in the bank. Either party can be entitled to any or all of these assets in a divorce proceeding.

Can you remarry the same person after divorce?

Divorced couples can – and do – find ways to repair their damaged relationship and remarry. To remarry your ex-spouse, you must resolve the issues that caused the divorce.

Who gets the house in a divorce?

In most cases, all marital assets should be divided equally between you and your ex-spouse. This includes the marital home, even if only one individual contributed to its purchase or acquisition. The division of assets is usually based on each person’s financial needs.

Do the kids get a say in a divorce?

Under Australian Family Law, children have a right to have a meaningful relationship with both of their parents. This does not explicitly mean that a child has a say in a custody case.

Several factors are considered in determining the wishes of the child in a hearing. This ranges from the child’s age to the judge hearing the case, and above all, the need to protect the child from harm.

What if I come into money during or after my separation?

During the period of separation from your ex-spouse, you can submit a consent order with the help of your lawyer.

A consent order details the state of your assets from the date of submission and is agreed to by the other party. Once signed, this closes the possibility of the other party pursuing you for money in the future, even if your financial situation changes for the better.

Without a consent order in place, your ex-spouse can make further claims against your wealth and assets for up to 12 months of the divorce being finalised

How long after the divorce goes through can my ex pursue me for money?

In the case of a marriage, each party has 12 months from the date of the divorce to file a claim with the court. If you were in a de facto relationship, this period extends to 2 years for both parties to claim if they wish.

Family Focus Legal have a heartfelt passion for genuinely helping people.

We are a legal team that thinks about the kindest, smartest, most proactive and most cost-efficient way to deal with a legal issue. We believe that we have “the best of the best” working for Family Focus Legal and we are lucky to see their hard work and application continually produce outstanding results for our clients.

If you have a matter you would like to discuss, please get in touch with us today.

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