Understanding the Divorce Process in Australia: How Long Will It Take?
The divorce process, as everyone knows, can be tortuous and emotionally agonizing. One question that rings through everyone’s head more often than not during this process is: “How long does one take to get a divorce in Australia?” This makes the time frame for divorce proceedings very important for someone intending to terminate a marriage. The filing of a divorce in either the North Coast or New England or Northwest is a very simple process and, if nothing goes wrong, it can be completed, in theory, within about three months from filing the Divorce Application with the Court. Among other factors, the time taken can be longer or shorter depending on the complexity involved in the matter and the level of cooperation between the parties.
Requirements for Filing a Divorce Application
In Australia, several requirements must be fulfilled before one can commence divorce proceedings:
- Irretrievable Breakdown of the Marriage: There must be irretrievable breakdown of the marriage with no possibility of repairing it.
- Separation for a Minimum of 12 Months: You and your spouse must have been separated for at least 12 months before filing for divorce.
- Proper Arrangements for Children: If there are children from the marriage, there must be proper arrangements regarding their welfare.
If you think you meet all the above factors, you can move forward with the arrangements and filing of your Divorce Application with the Court.
An Overview of the Divorce Process Timeline in North Coast, New England, or North West
The general timeline for the divorce process is as follows:
- Filing the Divorce Application: Upon filing, you need to be eligible to file, including being separated for a minimum 12 months.
- Waiting Period: One month of waiting time is compulsory after the application filing.
- Divorce Hearing: The appearance of a court hearing is most usually set within a couple of weeks after the waiting period.
- Finalisation of Divorce: The divorce becomes final one month and one day after the divorce hearing.
Applying for Divorce
Once all the eligibility requirements are satisfied, either one party can make an application for divorce to court. There are two forms of divorce application:
- Joint Application: Both spouses apply together, under which the process is usually quicker.
- Sole Application: One party applies individually. Then he or she must serve the divorce application papers to the other party.
The divorce application is presented to the Court, which schedules the date for the divorce hearing.
Waiting Time
After the divorce application is filed, a waiting time for one month is compulsory. This gives time for either reconciliation or for couples to work out matters that deal with property division, things to do with the custody of their child, and otherwise finances.
Attending the Divorce Hearing
In fact, whether you will need to attend the hearing depends on the application type:
- For a sole application, the applicant must be present for the divorce hearing.
- In case of a joint application filed, neither party has to be present if the cases are not complicated.
The court will check that the surrounding situation refers to the application and all legal requirements have satisfied.
Finalising the Divorce
When the Court is satisfied that the requirements of every provision have been met, a divorce order is made. However, the divorce does not become final until one month and one day after the Court makes the order. In practice, this means that the process usually takes about four months from application to finalisation.
Factors Extending the Duration of a Divorce Process
Several variables influence different durations for availing divorce:
- Complexity of the Case: The longer the case takes disputes regarding the money or even property or issues concerning child custody would complexify the situation.
- Cooperation Level: If the parties can come to an agreement on basic issues such as how to distribute assets or negotiate parenting arrangements, this can speed up finalizing the divorce.
- Court Caseload: The following may refer to how many pending cases are being processed through the courts and how fast it gets done.
- Legal Representatives: If a party hires experienced divorce attorney practitioners, the process may go faster because they will be sure to follow all the necessary steps.
Complexity of the Divorce Process
Both of the above factors, that is, complexity and length, can sometimes impact greatly on the considerations in regard to cost. Some of the common situations complicating a divorce can be described as follows:
- Property and Asset Disputes: Highly valuable assets or even disputes regarding the ownership of property can seriously drag the process on.
- Children Involved: Child custody arrangements, child support, and parenting plans will compound the complexity.
- Financial Issues: By their very nature, these issues tend to engender legal ramifications-insofar as business interests, joint investments, or superannuation are concerned.
How We Help
At Lyon Legal Services, we understand that fair and emotional divorce proceedings come with their own challenges. Our experienced family lawyers offer clear support and guidance throughout the course.
Case Study: Jane’s Divorce
Jane, a mother of two and successful dentist, came to us needing help to finalize the dissolution of her eight-year marriage to Peter.
We arranged a consultation to focus on issues related to Jane’s marriage, assets, and child custody. After full consultation on the particulars of her case, we prepared and filed the divorce petition for her, ensuring that all procedural requirements were met. Our team then negotiated with Peter’s legal representatives in order to secure a fair settlement on the property division and child custody.
Jane’s divorce was granted, enabling her to put the past behind her with our expert help.
Legal Advice is Important
How long it takes to finalize a divorce in Australia differs according to the facts of any particular case: the complexity of the case, the level of cooperation between the parties, and the workload of the court. In many cases, however, the process takes about four months from application to finalization.
When you are thinking about a divorce, it is necessary to obtain some legal advice in order to pursue a prompt and just resolution. Lyon Legal Services stands ready to help.
