24 Feb How Long Does It Take to Divorce Your Spouse in Australia?
Divorce is a significant life event that can be both emotionally and legally complex. Understanding the timeline for obtaining a divorce in Australia can help you navigate the process more smoothly. Here’s a comprehensive guide on how long it typically takes to divorce your spouse in Australia.
The Legal Requirements
Before you can apply for a divorce in Australia, you must meet certain legal requirements:
1. Separation Period: You and your spouse must have been separated for at least 12 months. This separation can occur even if you are living under the same roof, provided you can prove that you were living separately and apart during this period.
2. Jurisdiction: Either you or your spouse must be an Australian citizen, domiciled in Australia, or ordinarily resident in Australia for at least 12 months before filing for divorce.
Filing for Divorce
Once you meet the legal requirements, you can file for divorce. The steps involved are as follows:
1. Prepare the Application: Complete the Application for Divorce form, which is available on the Federal Circuit and Family Court of Australia website.
2. File the Application: Submit the completed application to the court. This can be done online through the Commonwealth Courts Portal.
3. Serve the Application: If you are filing a sole application, you must serve the divorce papers on your spouse. This must be done at least 28 days before the court hearing if your spouse is in Australia, or 42 days if they are overseas.
Court Hearing
After filing the application, a court hearing date will be set. If there are no children under 18 and the application is uncontested, you may not need to attend the hearing. If there are children under 18, or if the application is contested, you will need to attend the hearing.
Divorce Order
If the court is satisfied that the legal requirements have been met, it will grant a divorce order. The divorce order becomes final one month and one day after it is made. You will receive a Divorce Order Certificate, which serves as proof of your divorce.
Timeline Summary
- Separation Period: 12 months
- Filing and Serving the Application: Approximately 1-2 months
- Court Hearing and Finalisation: Approximately 1-2 months
In total, the process from separation to finalisation of the divorce can take around 14-16 months, assuming there are no complications or delays.
While the timeline for obtaining a divorce in Australia can vary depending on individual circumstances, understanding the general process and requirements can help you prepare and navigate the journey more effectively. If you have any specific concerns or need legal advice, it is always recommended to consult with a family law solicitor.
If you have questions about your divorce proceedings or considering separating from your spouse, speak with one of our experienced Family Law Team at Solari and Stock today on 8525 2700, or click here to request an appointment.
Our experienced team of Family Law Solicitors include Riccarda Stock, Nicole Quirk, Shweta Kumar, Nikita Ward and Kirstin Attard.
Article by Nikita Ward
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