How long does it take to get a divorce in Australia?

In 2016 alone, 46,604 divorces were granted in Australia. You’d think that with the volume of marriages reaching their end that it’d be possible to do so quickly and efficiently.

Not quite. Divorce is a big deal, it takes time. How much time, exactly? The simple answer: at least 1 year plus a couple of months. Before you’re granted your divorce, there are several boxes you and your spouse need to tick. Once you know what they are, you’ll know why the quickest of divorces is typically granted within 16 months total (including separation time).

Can You Apply for a Divorce?

It’s surprising how many Australians don’t realise that you need to qualify before even being able to apply for a divorce. The Australian divorce process is more transparent than a lot of other countries, but there are still a few hurdles you need to jump through. According to the Family Law Act of 1975, you or your spouse need to be (at least) one of the following:

  • Be Australian. This can either be by birth, the granting of Australian citizenship, or descent.
  • Live in Australia. You must have lived in Australia for the 12 months preceding your application.
  • Australia = home. You must regard Australia as your home, with the intention of living in the country indefinitely.

In addition to one of the following, you also need to prove to the court that you have been separated for a minimum of 12 months. You must also ensure the court that reconciliation is unlikely. This means that officials must be convinced that once the divorce is granted, it’s final.

Remember, separation can still happen even though you live in the same house. You just need to be able to show that you are separated and living apart. The technical name for this is ‘separation under one roof’. You will need an affidavit to support your divorce application. You’ll need to provide the following:

  • Reason why you’re still sharing a home. Couples that separate tend to change their living arrangements. Why not you? You will need to show why you continue to share a home and if you intend to change this following your divorce.
  • Details about changed circumstance. Think changes in sleeping arrangements, the creation of separate bank accounts, fewer joint family outings, etc.
  • Have government departments been advised of the separation? Many couples will be required to let government services know of their separation. For example, the Department of Human Services (for Child Support).

Joint Application = Faster

If you’re truly looking for a quickie divorce, then we recommend opting for a Joint Application over a Sole Application. The Sole Application is slower due to the fact that the other spouse must be served the application. This basically means that you can provide proof that you’ve given the divorce application to the other party, either by Post or personal delivery by someone other than yourself.

Joint Applications, on the other hand, will not need to be served, as it’s been signed and approved by both parties. Your divorce will begin the consideration process immediately after it has been received by the courts.

Use Those 12 Months!

Many couples wait for the 12 months to elapse before making arrangements about their future. Don’t. If you’re sure about proceeding with the divorce, it’s advisable to attempt to reach an agreement about certain issues. You may find things you never thought of, and it also gives both of you time to ensure you come to an agreement that is satisfactory for both parties. Divorce is a difficult process, but it doesn’t have to be more painful than it needs to.

Finally, Seek Legal Advice

You’re now aware that a divorce takes a minimum of 16 months. But it’s usually longer. This is because getting to a point of agreement isn’t exactly straightforward. What happens to the house? What about the kids? What about the assets and the financial picture in the future?These are not easy questions to answer. Our final piece of advice: it is imperative that you seek legal advice when commencing divorce proceedings. You’ll save yourself (and your ex-spouse!) a lot of trouble.   

Find top rated attorneys and law firms profiles with Find Attorneys Directory, the best and free online attorney directory. Guest bloggers can also publish their articles here as other bloggers are doing.

7 Admissible Causes of Marital Breakdown in Australia

No marriage is perfect. In fact, relationships are always good in the beginning. However, the level of mutual understanding and intimacy may eventually fall down for some reasons – mostly due to long-term marital relationships. Statistics show that there is a continuous increase of divorce rate in Australia since 1975, the year when act of  Family Law has been declared in the country. This type of principle covers all family-related issues including: relationships (same-sex is involved), financial and property agreements, parenting style, child custody, and divorce. Read more

Sarah holds a bachelor’s degree in Communication with expertise in developmental and community communication. She writes for BB Lawyers, one of the most outstanding law firms in Parramatta.

How Child Custody Works in North Carolina

While it is perhaps most common for child custody to come up in the process of going through a divorce, that is by no means the only time when custody has to be decided. Often, custody has to be revisited when one parent moves or their behavior changes (making it dangerous for the child or children to remain in their custody). The child may also reach an age where they are able to decide whom they want to live with and what situation works best for them. Read more

Find top rated attorneys and law firms profiles with Find Attorneys Directory  Publish articles here as other bloggers are doing.

After-effects of Divorce on Debt Consolidation

How Will Divorce Affect My Debt Consolidation?

A divorce can be lethal for your emotional and financial health. It can increase your stress level and jeopardize your plan to pay off debts with a debt consolidation plan.

Debt consolidation is a broad term people use to imply the following things: Read more

Stacy B Miller is the content writer and editor at Oak View Law Group whose work has been featured in various blogs and websites. She works to eliminate the stigma of debt and show readers the best options for handling their own debt. Beyond writing about debt, Stacy enjoys cooking and traveling.

The Do’s And Don’ts Of Hiring a Calgary Divorce Lawyer MM Law

Divorce can be a life-shattering event, and many people don’t handle it well. When the divorce proceedings follow, you want to know you will be protected by a qualified and knowledgeable Calgary divorce lawyer. The right family law firm can tirelessly advocate for you and your children while in the courtroom. Never try to represent yourself because you stand to lose a lot without the right representation, and divorce will almost always have emotional ties that can fog your judgment: Read more

Find top rated attorneys and law firms profiles with Find Attorneys Directory, the best and free online attorney directory. Guest bloggers can also publish their articles here as other bloggers are doing.

Contact the best divorce lawyer in Boynton Beach

Marriage disputes are now a rising factor in the United States. While most people try to solve the disputes by negotiating, sometimes the disputes become serious in nature. And when it does, the matter reaches the court. That’s where all the complicated factors of a marriage dispute come in. The whole divorce filing procedure is complicated, and the parties filing for a divorce must have a sound knowledge of the Florida divorce policies. But not all people are well aware of the state laws. Fortunately, there are professional lawyers to help people who want a legal assistance. Divorce lawyer Boynton Beach offers their services to the people who require an understanding of the entire divorce filing procedure. DIVORCE MEDIATION: FEW FACTS ONE NEEDS TO KNOW Read more

Find top rated attorneys and law firms profiles with Find Attorneys Directory, the best and free online attorney directory. Guest bloggers can also publish their articles here as other bloggers are doing.

Divorce Mediation: Few facts one needs to know

Divorce mediation is one step that needs to be considered before considering filing a formal divorce application in the court of law. Mediation is one alternative that lets you find a solution for the amicable settlement of the division of assets, child support, child custody and spousal support. A third party in the form of a mediator is involved who ensures an amicable settlement between both the parties. There are a few things that need to be considered before actually going in for divorce mediation so that both the parties have their expectation setting in realistic terms. Read more

Gary Payton has been writing about the various aspects of law, provides legal advice, legal services in the preview of family law. Attorneys-arizona.com is a premier boutique litigation firm in Arizona, USA and Gary have been associated with them for a long time. Attorneys-arizona provides professional and trusted legal services. To know more about Divorce Lawyers feel free to visit – https://www.attorneys-arizona.com/