If you’re wondering how long a divorce takes in Australia, the good news is it takes about four months for a divorce to be legally granted by the court. If one of the parties is opposed to divorce, the process will take longer and cause more stress, says the family lawyer adelaide. From the time you separate from your partner, you should expect it to take at least 18 months to get a divorce.
What’s the difference between separation and divorce?
Separation occurs when one party in a relationship determines that the relationship has ended and that there is no chance of reconciliation, and then informs the other party of this choice. It’s vital to understand that divorce does not have to be a collaborative choice as Divorce lawyer adelaide explains. Only one person needs to determine that the relationship is over, but the other person must be made aware of the breakup. Before you may file for divorce, you must have been separated for 12 months and 1 day.
The separation period of 12 months does not have to be continuous. You can have short periods of reconciliation (less than three months) and still meet the 12-month criteria by adding the periods before and after the reconciliation. Separation is usually denoted by residing in separate dwellings. However, it is occasionally necessary (or just better) for a separated couple to live together. You will tell the Court that you were separated under one roof in that scenario. To prove that you were truly separated, you’ll need to fill out an affidavit. You can do this by demonstrating that you have made significant adjustments in your life and relationship. For example, you no longer share bank accounts, sleep in separate rooms, and no longer engage in sexual activities.
Divorce is not the same as separation. Divorce is a legal procedure in which the marriage contract is dissolved by a court. It affects the people’ legal position and has a variety of urgent consequences. A divorce order, for example, will nullify any will you’ve written leaving property to your spouse. It’s vital to remember that divorce does not entail settling your possessions with your ex-spouse. Once you’ve been divorced, you only have 12 months to file a property settlement petition with the court.
How long does a divorce take in Australia ?
If you’re wondering how long a divorce takes in Australia, you’ll probably want to know about property settlements and child custody as well. While you may be eager to sign the papers right away, the time restriction for dividing your wealth and property is determined by when your divorce is approved. The length of time it takes to finalise a divorce increases when one of the sides to the divorce disputes with it, or when a contested divorce occurs. If you fill out your divorce application incorrectly, the court will put it on hold.
The divorce process
Whether you file your divorce petition alone or jointly with your partner, the process is different. If you and your spouse can work together to file your application with the Federal Circuit and Family Court of Australia, it will be much easier. If you are unable to lodge jointly for any reason, you must file a single Divorce Application. The Application must then be “served” on your spouse. It is not enough to simply mail the Application to your ex-spouse; it must be personally delivered to them. If you are uncomfortable performing service yourself, you can enlist the help of a friend, a family member, or a professional process server.
If you file a solitary application, you will be required to appear in court if you have any children under the age of eighteen who are considered members of your family (including a foster child or step-child). A joint divorce application, on the other hand, does not require either party to be served, nor does it require either party to appear in court.
Can I get married before my divorce takes place in Australia?
Make sure you’ve given yourself enough time to settle your divorce and that you’ve waited until your divorce has been confirmed in court before remarrying. This is because remarrying before a judge has issued a divorce ruling is illegal in Australia. Your remarriage will be illegal, and you will have committed the crime of bigamy if you do so. When a person marries someone else while still married to someone else, this is known as bigamy. Bigamy is a criminal violation in all Australian states and territory.
Filing for divorce
The simplest approach to get a divorce is to consult with a lawyer and have them handle the procedure for you. You’ll have to produce some documents and answer some questions in such a scenario, but the solicitor will make sure that all of the other requirements are met. It is also possible to file for divorce without using the services of a lawyer. You can use the Commonwealth Courts Portal to e-file your application.
Separation and divorce in Australia are subject to strict legal requirements and time constraints. In terms of separation, it begins when both partners agree to separate, or when one party agrees to separate and informs the other. Before filing for divorce, the spouse must be separated for at least one year and one day.
Delays to divorce proceedings
Divorce proceedings might be slowed down for a variety of reasons. If you need a replacement marriage certificate, your divorce processes may be delayed, especially if the certificate must be obtained from another country. Another sort of delay is seen by couples who have only been married for a short time. If you’ve been married for less than two years, you’ll need to prove there’s no reasonable chance of reconciliation. In most cases, you’ll need to show that you’ve tried to work out your differences with your partner such as by consulting a family counsellor. There are several exceptions to this rule, such as if domestic or family violence has occurred.
Delays may also occur if the Court believes that some component of your divorce application is unsatisfactory. For example, the Court may believe that the arrangements you have made for your children are inadequate. If you have small children, you should contact a lawyer before submitting your divorce application, as you will need to show that your children’s arrangements are adequate to satisfy their requirements.
When do you get your divorce papers?
One month and one day after the hearing, your decree will be issued. One day after the decree is issued, you can receive a copy through your counsel or through the Commonwealth Courts Portal.