It usually takes several months to finalize a divorce in Australia. It begins from the time you file your application with the court and ends when a Divorce Order is made. However, complications- such as trouble in serving the divorce application to your spouse- may cause it to take longer.
Also, keep in mind that this time does not include preparation and signing of the divorce application in readiness to file. Due to possible delays, it is important not to set a date to remarry until the Divorce Order is actually made. It is a crime to remarry before your divorce is legally finalizing in Australia.
How Long Must You Be Separated Before Filing for Divorce?
According to Australian law, a couple must separate for twelve months before proceeding with a divorce application. Separation can be defined as a decision communicated by either party to the other that the relationship is indeed over, followed, if needed, by actions that are consistent with that decision. Separation does not necessarily have to imply that parties are physically separated and may include living in separate homes.
Should you be a Married Person of Two Years Filing for Divorce?
Thus, if you were married for less than two years, you can still proceed with the divorce. However, the law requires both you and your spouse to attend counseling and attach a counseling certificate to your application.
Should counseling not be practicable, as in cases where it cannot be found, or if there is a history of domestic violence, you need to file an affidavit stating the reasons. The court would then waive the conditions for counseling in such circumstances.
The Divorce Application Process in Australia
The divorce law was in effect in Australia since the year 1975. Therefore, there is no fault attributed to any spouse and the court does not require any of them to prove in any way that one has done a wrong deed to the other spouse. To be granted a Divorce Order, you must meet the following conditions:
- You and your spouse have been separated for at least 12 months (even if living under the same roof).
- The marriage has irretrievably broken down, meaning there is no chance of reconciliation.
- At least one party is an Australian citizen, permanent resident, or considers Australia their permanent home.
Sole vs. Joint Divorce Application
A divorce can be applied for solely (sole application) or jointly with your spouse (joint application).
- WHERE you have applied jointly or there is no child under 18, generally speaking, you will not be required to attend a divorce hearing.
- If you have applied solely and there is a child or children under 18, then you must attend a court hearing. The court must then be satisfied either that:
- Proper arrangements have been made for the children’s care, or
- There are exceptional reasons why the divorce should be granted despite the absence of such arrangements.
Through these requirements, you can prepare yourself better for divorce and make everything flow smoothly.
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