Jul 9, 2018 2:14:35 PM
If you are divorcing your partner, you are probably wondering how long the process takes. This is a stressful and sometimes traumatic period in your life, and it is understandable you want to get through it as quickly as possible. Luckily, divorce is a relatively quick process in Australia—below we outline what you need to know.
Grounds for divorce
Firstly, you need to show the court that your marriage has irretrievably broken down and that there is no chance you can fix it. This may involve showing the court you have not lived together as a married couple for a long time, or that something happened in the relationship from which there is no hope of coming back.
Applying for divorce
You can apply for a divorce after you have been separated--or no longer living as a married couple--for 12 months and 1 day. However, there are limited exceptions to this, which may mean that a period of reconciliation does not prevent an application for divorce being filed. This is why you should seek advice from a divorce lawyer near to you to give you professional advice before making a decision.
Once you satisfy the essential criteria, you can file a divorce application with the court. You can apply even if your partner does not want a divorce, although joint (mutual) applications are usually processed quicker than sole applications.
Divorce application to settlement – I believe this in red may be deleted.
Once you formally apply for a divorce, the application itself is a fairly quick procedure. It generally takes around 4 months from the court receiving your application to granting the divorce order.
Until your divorce order is processed, and you receive a sealed copy, you cannot remarry in Australia. Remarrying without finalising your divorce process constitutes bigamy.
Property settlements
Dividing your assets and liabilities with your partner is a separate process from the divorce procedure. Once you receive your divorce order, you can arrange to split the assets, such as homes, vehicles and business ownership, and the liabilities such as credit card and mortgage debt. You may however reach a property settlement agreement with your former partner, before making an application for a divorce. People commonly do so.
Property settlements often take longer than the divorce process itself. That is why you should seek professional advice from divorce and family law attorneys at the earliest opportunity.
Help and support for coping with divorce
Divorces can get complicated, and it is very important that all the right procedural steps are followed. We recommend instructing a divorce or family law specialist to make sure everything is completed correctly--which helps you move on with your life as quickly as possible.
Whether you are considering divorce or you need further advice and support, our free ebook can answer all the questions you might have. Download your copy today and start the divorce process with confidence.
