The divorce process is a different process to property and parenting. It is merely the process to formally sever the marriage in a legal sense and it does not end your parental or property ties.
The divorce process is relatively straightforward but requires adherence to specific legal requirements. Here’s an outline of the main steps:
To apply for a divorce, either you or your spouse must:
Additionally, you must be separated from your spouse for at least 12 months before applying for a divorce.
Australia has a "no-fault" divorce system, meaning you don’t have to prove wrongdoing by either party. The only ground for divorce is irretrievable breakdown of the marriage, demonstrated by 12 months of separation.
The application process involves:
If you and your spouse have separated but continued to live in the same house, you'll need to provide additional evidence (in an Affidavit) to demonstrate that the marriage has broken down.
If you filed a sole application, you must serve the divorce papers on your spouse. This proves to the Court that the other party is informed about the divorce proceedings. You can serve them in person or by mail, but not directly yourself (a third party can assist).
Most divorces in Australia don’t require a court appearance unless there are special circumstances, such as if there are children under 18 if only one party is applying, you have been separated under the one roof, or if you cannot locate your spouse for example. In such cases, the applicant may need to attend a brief hearing, which usually takes place over a telephone link.
If everything is in order, the court will grant a Divorce Order, which takes effect one month and one day after the order is made. You’ll receive a digital copy of the final divorce order to prove the divorce has been finalised.
A divorce only legally ends the marriage. It doesn’t automatically address parenting arrangements or property settlement. These issues must be resolved separately, either through mediation, negotiation, or court if necessary.
For more detailed information and assistance, please contact Family Law Life.
