Has your marriage broken down? Once you have been separated for 12 months with no chance of reconciliation, you can apply for a divorce. This process can be difficult and emotional, but our team of divorce lawyers at Australian Family Lawyers will ensure your divorce is handled with dignity and efficiently.
Support, representation, and advice for your divorce
Divorce is something that happens to many married couples but knowing this doesn’t make what you are going through any easier. Having a good divorce lawyer on your side will help ease you through this transition and let you move forward with dignity.
What is the process for divorce in Australia?
Divorce is a legal process by which you separate from your spouse and formally end your relationship. The actual process of divorce is often a fairly straightforward matter, but property settlements and parenting arrangements can become complicated.
In order to get a divorce in Australia, you need to show that you have been separated from your spouse for a period of 12 months and that you have no chance of reconciliation. If you have reconciled with your partner for a period of three months or more, the 12 month period resets.
You may be separated but live under the same roof; a situation that often occurs where parents separate but still wish to care for their children together while they finalise living arrangements. There needs to be evidence that the separation is a genuine one.
Divorce requires the court to make an order which may require you and your ex-partner’s attendance in court. A divorce order usually takes around four months to finalise from your first meeting until the court order is made.
Your ex-partner cannot oppose an application for divorce except in specific circumstances, such a disagreement with the date of separation. If you wish to remarry you need to ensure you have allowed sufficient time for your divorce to finalise. Not wishing to be divorced is not a ground to oppose it.
Divorce under the Family Law Act is on a no-fault basis – the only ground is that the marriage has irretrievably broken down, which is then evidenced by a minimum of 12 months separation prior the application for divorce being filed.
Courts can decline to make a divorce order including if it is not satisfied with the care and financial support of children of the marriage.
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Divorce is in most cases is a fairly straightforward process. The cost vary depending on the filing fee as charged by the Federal Circuit Court of Australia, the time to prepare the application and if there is any dispute in relation to it and if lawyers are required to attend court.
Foreign marriages are recognized in Australia. However there are jurisdictional requirements for the court to make a divorce order including if the person applying for the divorce is an Australian Citizen or is a resident of Australia intending to live in Australia permanently. Speak to a lawyer to ensure that these requirements are met including what official translated documents must be filed in the court.
You will need to wait before your divorce is final before you can remarry. A divorce is finalised one month, and a day after being made final in court, and the entire process usually takes around three to four months from start to finish. It is important to leave sufficient time between applying for a divorce and arranging a further marriage to ensure that you do not commit bigamy.
A divorce is the process of legally ending your marriage. It is not a property settlement.
Your property settlement is separate but once divorced there is a 12 month time limit to commence proceedings for a property settlement /maintenance if you are unable to reach an out of court agreement beforehand.
About Australian Family Lawyers
We are a committed team of family lawyers dedicated to the swift and dignified resolution of your divorce. We know that divorce can be complicated and emotional, and our Australian team of divorce lawyers are here to ensure your divorce is finalised as quickly and painlessly as possible.Learn more about us