The Family Law Act may have come into operation, making divorce a relatively straightforward process. However, there are instances when one of the parties will refuse to sign the divorce papers. It’s essential to know that the application for a divorce can be signed by one or both parties. However, if one refuses to have a divorce, the Family Law Act will consider that party instigating the divorce proceedings. This will also need divorce solicitors in Melbourne to facilitate the divorce process.
So, How Do You Prove the Marriage has Irreparably Broken Down?
In the Family Law Act, a marriage is broken down if the court is satisfied that a couple has lived separately for about a year or more. The marriage is broken when both parties refuse to get back together and work as spouses. If the couple resumes cohabitation, then a divorce is not granted between them. Furthermore, if the couple tries to restore the relationship but failed after three months, the separation period will resume without affecting the 12-month requirement for divorce.
Application for Divorce
The Federal Magistrates Court can provide a divorce kit, which can be filed by the parties if they have separated within a span of one year. One party can file for an application of divorce, even if the other refuses to sign it.
Divorce Requirements for Short Marriages
If the marriage has been broken down in two years, the couple will need to see divorce solicitors in Melbourne about possible reconciliation.
How the Divorce Application is Served?
A divorce application can be done by one party. The applicant to the divorce must send to the other party a notification that the marriage has ended. He or she must be at least 18 years old or over. Those who filed the divorce application may not personally serve the documents to the other party. If the other party refuses to sign, the appropriate court will hear the divorce application on a date to be established.
The Divorce Hearing Process
If the application of the divorce was done by both parties, and involves no children under 18, then both parties may have no need to attend court hearings. A quick hearing is held to dissolve the marriage. If you need your properties and other assets divided as well as child custody, consult divorce solicitors in Melbourne for appropriate advice.