Are you ready to move on to your next chapter and wondering how long it will take to get divorced in Australia?
Whatever your reason may be, this article aims to answer the question ‘How long does it take to get a divorce in Australia?’ and to provide general information on some of the issues that you might come across in getting a divorce.
ELIGIBILITY CRITERIA TO APPLYING FOR A DIVORCE
To determine whether you are eligible for a divorce, the Court must be satisfied that:
There is jurisdiction to hear and grant an Application for Divorce.
If there are children of the relationship under the age of 18 years, proper arrangements regarding their care have been made.
You and your former spouse have lived separately and apart for at least 12 months.
There is no reasonable likelihood that you and your former spouse will resume married life.
HOW LONG DOES A DIVORCE TAKE?
In Australia, the Court will, in most uncontested cases, take about four months from filing an Application for Divorce before granting the orders for a divorce. These orders do not automatically make you and your former spouse formally divorced. Under the Family Law Act 1975, a divorce will take effect at the expiration of one month from the date of the divorce orders.
To avoid any delays in the divorce process, it is important to ensure all paperwork is provided to the Court along with the Application for Divorce, even in the most straightforward matter. If, for any reason, the application and your supporting documents were not adequately prepared or filed, the mistake can cause the Court to push back the application for weeks.
DOES MY FORMER SPOUSE NEED TO CONSENT TO A DIVORCE?
Your former spouse does not need to consent to a divorce. Parties can jointly apply for a divorce – where the parties mutually agree – or you may apply for divorce provided you meet the eligibility criteria stated earlier.
In the latter scenario, the Court must be satisfied that there is sworn evidence to show your former spouse was properly served with a copy of your filed Application for Divorce by an appropriate person following the correct procedures.
SEEKING LEGAL ADVICE
Each divorce can be different and may have time limitations depending on its circumstances. When planning for a divorce, you should seek legal advice and speak with a family law professional about your matter.
At Yorkins Legal, we aim to give our clients a hassle-free divorce. We can assess your circumstances to ensure you satisfy the eligibility criteria for a divorce and prepare all essential documents to be provided to the Court with your application.
Our initial consultations are free, confidential and can be discussed over the phone or in person. We offer after-hours consultations and mobile service for our clients’ convenience. We will meet you wherever it is most comfortable for you, whether at your home or office.
Contact us to speak with our friendly team today.
Author
Kai Yeung
Principal Solicitor
T: (02) 7255 2788
Disclaimer - The information contained on this site is intended only to provide a general overview of matters of interest and is intended to apply only within Australia. It does not constitute legal advice. Professional advice should be obtained from a Yorkins Legal professional before taking any action in relation to any information contained on this site.
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