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Frequently Asked Questions
Frequently Asked Questions
Is counselling mandatory?
In some cases, courts refer parties to mediation or counselling before proceeding.
What happens to children and property?
Courts assess the best interests of the child. Property is settled through negotiation or judicial division.
Can I get a divorce without my spouse’s consent?
Yes, through a contested divorce if legal grounds exist.
How long does a divorce take in India?
Mutual divorces typically take 6 months. Contested divorces can take a year or more depending on complexity.
Can I protect my assets before marriage?
Yes. Binding Financial Agreements can secure your financial position.
Are property disputes always settled in court?
No. Many property settlements are reached through negotiation or mediation.
How are parenting issues decided?
The child’s best interests are the main consideration. Courts aim to maintain meaningful relationships with both parents unless it’s unsafe.
Do I need to prove fault to get a divorce in Australia?
No. Australia has a no-fault divorce system. Separation for 12 months is the only requirement.
Will I need to attend court?
Usually not for uncontested divorces. Court may be needed for finances or children.
What is a clean break order?
It ends financial ties between spouses. Often recommended after financial settlement.