Divorce in Australia
Going through a divorce can be a complex and emotional process. Understanding the legal requirements and timelines can help you navigate this period with more confidence. Here’s what you need to know about getting a divorce in Australia.
Can You Start Your Property Settlement Before Divorce?
Yes, you can begin your property settlement before filing for divorce. Many couples choose to start the division of assets while still legally married. This can help streamline the process and prevent delays once the divorce is finalised.
Is There a Rush to Get a Divorce?
There is no immediate rush to file for divorce, but timing matters. Once a divorce is granted, you have 12 months to initiate property settlement proceedings. Failing to resolve financial matters within this period may require you to seek the court’s permission to initiate a property settlement after the deadline.
Who Can File for Divorce?
Only one party needs to apply for a divorce in Australia. If you file a sole application, you must serve the other party with the divorce documents. If you file a joint application, you do not need to serve each other.
Do I Need to Attend Court for a Divorce?
In most cases, you do not need to attend a divorce hearing. The court will review your application and issue a decision. However, if there are complexities—you or your lawyer may need to attend the hearing.
Divorce in Australia: What You Need to Know
Once you file for divorce, you must wait for a hearing date. After the hearing, the court grants a divorce order, which becomes final one month and one day later. Only then is the divorce legally recognised.
Divorce in Australia: What You Need to Know
If you and your spouse lived under the same roof while separated, you need to provide additional evidence of your separation. This may include:
Filing a joint application, or
Providing an affidavit from a friend or neighbour confirming they knew you were separated while living together for at least 12 months.
How Long Do You Need to Be Separated Before Filing for Divorce?
Under Australian law, you must be separated for at least 12 months before filing for divorce. This demonstrates that the marriage has irretrievably broken down.
Moving Forward
Navigating a divorce can be challenging, but understanding your rights and obligations can make the process smoother. If you have questions about property settlement, divorce applications, or court requirements, seeking professional legal advice can help you achieve the best possible outcome.