Does it matter who petitions for divorce?
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Does it matter who petitions for divorce?
While the outcome will always come out that the couple will be separated legally no matter who initiates the divorce, it does matter who divorces whom. This means that the partner who files the petition for a divorce will not seek an order for costs against the other.
How do I know what I am entitled to in a divorce?
The judge will then consider whether you are entitled to a divorce. If the divorce is undefended you do not have to attend court for a hearing. The judge simply looks at the paperwork. If the judge is satisfied you are entitled to a divorce, then the court will send you a Certificate of Entitlement to Decree Nisi.
How are assets divided in a divorce Australia?
The Family Law Act states that the division of assets in a divorce must be 'just' and 'equitable'. Due to this, you should not assume that your assets will be split 50/50. This is because there is a lot to consider when it comes to dividing assets, including starting assets, current and past incomes, health and age.