The marriage is legally dissolved when a divorce is granted, and both parties are free to remarry.
However, this is just the beginning of several legal and personal steps that follow. Understanding what happens next can help you navigate this new phase more easily and clearly.
Receiving the Divorce Order
Once a divorce is granted, you will receive a divorce order from the court one month and one day after the hearing. This document officially declares that your marriage has ended. Keep it safe, as it serves as legal proof of your divorce.
Key Takeaway: The divorce order is the official document confirming your marriage’s end. Ensure you store it securely for future reference.
Finalisation of the Divorce
The divorce order becomes final one month and one day after the divorce hearing occurs unless there are complications or objections. Once finalised, you are legally recognised as a divorced individual.
Key Takeaway: There is a mandatory waiting period before the divorce order is finalised. Be aware of this timeline to understand when you are officially divorced.
Division of Property and Assets
After the divorce is granted, the division of property and assets is typically addressed. This can be a complex process requiring negotiation or mediation. It involves determining how to fairly distribute shared assets, including homes, savings, and other investments.
Key Takeaway: Dividing property and assets is a significant post-divorce step. Engaging in fair negotiations or mediation can help reach an equitable agreement.
Child Custody and Support
If children are involved, custody and support arrangements need to be established. The court prioritises the best interests of the child, which may involve shared custody or one parent having primary custody with the other having visitation rights.
Child support payments are also determined based on the needs of the child and each parent’s financial capacity.
Key Takeaway: Child custody and support decisions focus on the child’s welfare. These arrangements need to be carefully considered and legally formalised.
Spousal Maintenance
In some cases, one spouse may be required to provide financial support to the other after the divorce. This is known as spousal maintenance and is determined based on factors like the length of the marriage, each party’s financial situation, and their ability to earn an income.
Key Takeaway: Spousal maintenance may be necessary depending on financial circumstances. Understanding the criteria for this support can help manage post-divorce financial planning.
Name Change
After a divorce, you may choose to revert to your maiden name or another previous name. This process involves notifying various institutions such as banks, government agencies, and employers. It’s advisable to have certified copies of your divorce order to facilitate these changes.
For more information on this, you can refer to divorce change name.
Key Takeaway: Changing your name after a divorce requires notifying multiple entities. Keeping certified copies of the divorce order can streamline this process.
Emotional and Psychological Adjustment
The end of a marriage can be emotionally taxing. It is important to seek support through friends, family, or professional counselling to help you adjust to your new life. Taking care of your mental health is important during this transition.
Key Takeaway: Emotional and psychological support is important post-divorce. Seeking professional help can aid in the adjustment process and promote well-being.
Future Relationships
As a divorced individual, you are free to enter into new relationships. It’s important to take time to heal and reflect on past experiences to build healthier relationships in the future.
If you are considering remarriage, you might find useful information in the article how long after a divorce can you remarry in Australia.
Key Takeaway: Post-divorce is an opportunity for personal growth. Taking time to reflect can help in fostering healthier future relationships.
Overall Key Takeaway
Navigating life after divorce involves several important steps, including securing the divorce order, finalising the divorce, dividing property, establishing child custody and support, considering spousal maintenance, possibly changing your name, and managing emotional and psychological adjustments.
Understanding these processes can help you move forward confidently and create a positive future.
Director of Melbourne Family Lawyers, Hayder manages the practice and oversees the running of all of the files in the practice. Hayder has an astute eye for case strategy and running particularly complex matters in the family law system.
