Is your marriage not working out for you? Do you want to lead separate lives now? Its, all you need to know is the separation and divorce process. Separation is when you and your spouse no longer live together as a married couple or have a relationship-like marriage, according to the state of Victoria. There is no legal process in separation and your spouse does not need to agree to the separation, but you must let him or her know that there is no chance to come back together as a husband and wife.
Therefore, in order to satisfy the court in your divorce application, you must prove that you and your spouse have lived separately for 12 months or more and that there is no intention of reconciling or living as a married couple. If the court decides that a marriage was not in accordance with the law, an annulment is granted.
A divorce in Victoria does not deal with child and property issues. Child support and property division arrangements must be made separately and not postponed to after the divorce is completed. Victoria state law suggests that divorcing couples should use family dispute resolution to resolve child support and property issues and if both spouses failed to reach an agreement after their meeting, they would have to settle it in court.
Family dispute resolution is when spouses try to come to an agreement on;
1) Children and Parenting
2) Property Division
3) Spouse Maintenance
4) Child Support and Adult Maintenance
Spouses applying for divorce in court use family dispute resolution because;
1) It is faster than a court case
2) You make your own choices
3) Freewill to choose a date when you would like to have a family dispute resolution
4) It is less expensive
5) Compared to a court case, it is less stressful
Before you go to court to grant property, parenting orders, and child custody orders, you will have to first try the family dispute resolution and if you and your spouse are unable to reach an agreement, you can approach the court. In cases where family violence or child abuse has occurred, you can go to court directly without a family dispute resolution certificate.
For cases of annulment or divorce, i.e. where there are no properties or children under the age of 18, family dispute resolution is not intended. Understanding the separation and divorce process by any means before filing the divorce papers would be of better advantage.
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