Divorce can be one of the most challenging things we will ever go through. Affecting our mental, physical and financial well-being, the decision to terminate a marriage turns our lives upside down. Though it’s not easy, you’re not alone. According to Australian statistics, 30 per cent of couples who marry their first partner in Australia end their marriage in divorce. Furthermore, over 50 per cent of divorces occur after just seven years together.
It’s not always doom and gloom. Relationships falling apart is of course sad, but sometimes it is the best move for both parties. However, making those moves can be stressful. Even after when you are on the other side and rebuilding your life as a newly single person.
So here’s our quick guide to divorce in Australia.
What you should do after deciding to divorce
The decision to divorce is one of the hardest parts of the process. After you decide to end your marriage, one of the most important tasks to undertake during the first few weeks of separation is to reach out for expert advice.
“A lot of people go to their friends for emotional support and as much as I’m a big advocate for that, the role of a professional is so important in these situations. It doesn’t need to be expensive or all the time, but having someone experienced in these problems is valuable,” says Selina Millers, post-martial specialist and founder of the separation support platform You After X.
- Seek legal advice: Soon after separating, you should seek legal advice from a family lawyer. Not only will these alleviate the stress of undergoing a divorce, but they can help to reduce the daunting task of separating by helping you form an action plan.
- Seek financial advice: Another important step to take after separating is to speak with a financial advisor. A financial expert can help you navigate dividing finances as well as consult you on things like bills, superannuation and other money-oriented responsibilities. There are several financial advisors that offer complimentary one-hour consults for women.
How to divide assets in divorce?
After seeking financial advice, part of what you should focus on next is dividing your joint assets. Dividing assets after a divorce in Australia is a separate legal process from the divorce itself. The Family Law Act 1975 sets out how property and assets are divided, aiming for a fair and equitable outcome rather than a strict 50/50 split.
Everything owned either individually or jointly during the marriage is considered an “asset”. This includes property, bank accounts, investments, superannuation, businesses and trusts, debts, inheritance and gifts.
In fantastic news for animal lovers, from June 10, new laws will come into effect which recognise pets as companion animals or family, not property. Currently, as they are considered assets, there’s the potential for parties to use their pets are emotional bargaining tools.
How does divorce in Australia work?
Australia recognises ‘no fault’ divorce nationwide. This means that neither you nor your spouse need to prove someone is at fault for the breakdown of your relationship. However, a divorce application can only be filed once a couple have lived separately for 12 months with no chance of reconciling.
How long does a divorce take?
How long a divorce takes entirely depends on the complexities of the divorce which differs from case to case. Once you’ve lived separately for 12 months, it typically takes four months for a divorce to be finalised from the date of filing.
Life after divorce
Though divorce is guaranteed to feel like a dark time in life, there is light at the end of the tunnel. It’s important to be kind to yourself as you adjust to this new chapter of your life. Selina Millers tells The Weekly that as women, our biggest challenge is grieving the lives we thought we would have.
“It’s not so much the grieving of the relationship, as women we tend to emotionally process that part. The grieving the death of the life we thought we were going to have and it’s uncomfortable to imagine not growing old with that person and a life different to what we imagined.”
Read more of our conversation with Selina regarding life after divorce here.
