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The Divorce Process in Australia
Divorce is the formal ending of a marriage. In Australia, the divorce process focuses only on ending the marriage itself. It does not deal with property division or parenting arrangements, which are handled separately. Because of this, applying for divorce can be a fairly straightforward process. Below is a simple guide to help you understand how it works.
Residency Requirements
You can apply for a divorce in Australia even if you were married overseas. You just need to meet one of the following criteria:
- You are an Australian citizen
- You usually live in Australia and consider it your permanent home
- You have lived in Australia for at least 12 months and plan to stay
Two Years of Marriage
In general, you need to have been married for at least two years before applying for divorce. If your marriage has lasted less than two years, you will usually need to attend marriage counselling and get a certificate before you can apply.
One Year of Separation
Before applying, you and your spouse must have been separated for at least 12 months. This can overlap with the two-year marriage requirement.
You can still be considered separated even if you are living in the same home, as long as you are not sharing a relationship in the usual sense. You will need to provide a sworn statement to explain the situation. The Court might also ask a third person, such as a family member or friend, to provide a statement confirming your separation.
How to Apply
Divorce applications in Australia can be made as a sole application or a joint application. All applications are filed with the Federal Circuit and Family Court of Australia.
Joint Application
If both parties apply for divorce together, the process is generally more straightforward:
- Both parties must sign the application form;
- There is no need to attend a hearing, unless you would like to be present;
- Since the application is made together, there is no need to serve documents on each other.
Sole Application
If only one person applies for divorce, the following requirements must be met:
- The applicant must sign the application and serve a copy on the other party;
- If there are children under the age of 18, the applicant must attend the hearing;
- The documents must be served according to the Court’s formal service rules.
What Happens After You Apply
Once your divorce application is submitted, the Court will schedule a hearing. In many cases, a divorce order is made at the first hearing. If it is a sole application and there are issues with serving the documents or if the other party opposes the divorce, additional hearings may be required.
According to Australian law, the process after applying for divorce generally follows these steps:
- Submitting the Application: After you submit your application to the Federal Circuit and Family Court of Australia, a hearing date will be set.
- The Hearing: At the hearing, the Court will consider the documents and evidence provided. In joint applications where there are no children under 18, a court appearance is usually not required.
- Special Situations in Sole Applications: If you are applying alone and are unable to serve the divorce papers properly, or if your spouse objects to the divorce, the Court may schedule further hearings. In these situations, it is important to follow the rules for serving documents carefully. The other party must be given the chance to receive and respond to the application.
Divorce Order
In most cases, the divorce becomes final one month and one day after the hearing date when the order is granted.
Withdrawing the Application
You can request to cancel the divorce application within 28 days before the order becomes final. Both parties must agree to withdraw the application.
Final Thoughts
Overall, the divorce process in Australia is relatively straightforward. From submitting your application and attending the hearing, to the waiting period before the order takes effect, each step follows a clear legal timeline.
It is important to remember that a divorce does not automatically resolve issues related to property or children. These matters may require separate legal proceedings. If you are unsure about your rights or need help during the process, it is always a good idea to speak with a legal professional to make sure your interests are protected.
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Our Service
We take a thorough and thoughtful approach to ensure that every client clearly understands the process. Regardless of whether the situation is simple or complex, we are dedicated to providing support and helping plan for the future. Our philosophy is to offer the most cost-effective and simplified solution to what would otherwise be complex and costly challenges.
Legal advice on marriage and de facto relationships
Legal procedures for separation and divorce application
Property distribution for pre and post marriage
Property settlement and protection
Preventing the transfer of marital property and solutions
Effective Protection of Property Rights with Freezing Orders
Negotiation and resolution of spousal maintenance disputes
Arrangements for child custody and visitation rights
Why Choose Us
Our experienced lawyers provide expert advice and representation to ensure a fair and smooth process.
Our skilled team offers efficient solutions and tailored strategies to protect your interests.
Ensure a fair property settlement with our trusted lawyers. We handle all aspects of the process with dedication and expertise.
From negotiation to final settlement, our comprehensive legal services cover every step of the property settlement process.
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