From the legal perspective, divorce can cause a marriage to end.
The legal proceedings will only concern about the separation of the partners. There are distinct branches for taking care of the division of assets and the welfare of children. You need to be aware of such primordial aspects before applying for a divorce.
While applying for the same, it is important to produce certificates that validate the marriage. The partners must live separately for a minimum of 12 or more months for the Australian courts to accept the divorce application. Never underestimate this point because the application form will include suitable fields regarding this and both of the parties must complete these fields so that the court does not reject the divorce application. Australian citizens will find it particularly easy to apply for divorce.
Those who plan to continue staying within the country can also apply for the same. It is not possible to apply for the divorce while keeping the other party in the dark. You need to submit signed affidavits stating that the other party is already aware of your intentions.
The parents will also have to make suitable provisions so that the children get appropriate legal arrangements. As a rule of thumb, there is a time after the initial submission of the divorce application and only then, the court will consider the divorce application.
You need to bear in mind that the court will carefully evaluate all the options available before granting the divorce. It can take approximately a month before the court issues an order of divorce, which acts as a legal document for both of the warring parties. By all probabilities, you will be requiring the expert services of a family lawyer who specialize in various kinds of complicated divorce case proceedings in Australia.
Disclaimer : This article provides basic information only and is not a substitute for a professional or legal advice. It is prudent to obtain legal advice from a family lawyer.