When marriages break down, it’s a very difficult time for everyone involved. Some people are not aware though of the requirements to file for a divorce – a number of criteria must be fulfilled to successfully file for a divorce. The failure to meet these criteria could potentially drag out the process and make it more uncomfortable for both partners and any children involved.

What Criteria Needs To Be Fulfilled

Your marriage must have broken down irretrievably

Although this may seem obvious to some, you may be required to prove that your marriage has broken down past the point of potential repair.

You must have been living apart from your spouse for the last 12 months

This will traditionally be living in separate houses, however you may still be eligible for a divorce if you are still living in the same house but do not act a couple. Acting as a couple includes sharing the same bed, activities such as going out together and eating dinner together.

You should have been married for at least two years

If you have been married for less than two years, you may still be eligible for a divorce however you will need to provide evidence that you have taken part in marriage counselling to try and reconcile.

Suitable arrangements must be made for children of the marriage

When filing for a divorce, you must ensure that suitable arrangements have been made to care for the children of the marriage. This will include any children who were treated as part of the family such as a step-child or a foster child.

What Needs To Be Considered As Part of The Divorce

While the safety and wellbeing of any children should be the number one priority of a family going through a divorce, you should also take into consideration any additional matters that need settling. These can include the transfer and division of assets; spousal maintenance payments and trusts, company & business structures and taxation issues.

If not properly dealt with at the time of the divorce things could get complicated and once more drag out the process for far longer than need be.

This is why you should strongly consider legal representation when undertaking divorce proceedings. No matter what reason your marriage has broken down, professional legal advice can make sure the process of divorce is as painless and as easy as possible.

Speak to one of the friendly and compassionate members of the Family Law team at Antunes Lawyers Sydney today on 02 9964 0499 to discuss your requirements.

The articles on this website comprise legal general information and not legal advice. The general information presented here must not be relied upon without legal advice being sought. In the event that you wish to obtain legal advice on the contents of this general information you may do so by contacting our office or your existing solicitor.

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