Divorce, Family, and Property – The Divorce Application

We’ve noticed that a lot of people tend to think that a divorce application will resolve all of the outstanding matters between them and their former partner. Unfortunately this isn’t quite true. Divorce in Australia can be complicated and comprises primarily of three parts – the Divorce Application, Financial matters, and Parenting arrangements.

Technically speaking, a Divorce Application only deals with one thing – the “dissolution” of marriage. The state stops considering you being married to your partner, and will allow you to re-marry, if you wish.

A Divorce Application does not finalise the question of how property should be separated, and it also does not finalise the question of who should take care of the children. That being said, a registrar considering the application may delay or reject the application if they aren’t satisfied that adequate arrangements are made in relation to the children. In addition to this, the Family Law Act 1975 does put some restrictions on commencing proceedings with respect to property separation if a Divorce Application has been finalised.

Because of this, it’s best to carefully consider when is the best time to put in a divorce application – even if you’re in a rush to get remarried!

If you or someone you know are considering going through this process, give us a call – we can give you legal advice in relation to what steps you need to take and what options are available for you.

Join us next time for our next blog post on these matters.