How long does it take to get a divorce in Australia? Whether you want to move on with your life or whatever your reasons may be, many people seeking to get divorced or separated often contemplate this very question.
The article aims to provide a rough idea on the question of ‘How long does it take to get a divorce in Australia’, as well as provide some details on issues that are closely related to the question.
The Eligibility Criteria For Divorce
Before getting to the question of ‘How long does it take to get a divorce in Australia’, we must first determine whether you are eligible for divorce.
To be eligible for divorce, the court must be satisfied that:
1. The proper arrangements regarding the care of any children of the marriage under the age of 18 have been made
2. You and your former partner have lived separately and apart for at least 12 months. During this period, you may have still lived in the same residence and still be ‘separated’ to meet this requirement
3. There is no reasonable likelihood or chance you will resume your married life.
The Time It Takes To Get a Divorce In Australia
It is crucial to be aware that even in the simplest of cases, a divorce can be a lengthy ordeal. Although you may desire to file for divorce as soon as possible, asset and property division is related to the initial date of the separation of the marriage provided on official documentation.
In Australia, a divorce will typically take roughly four months before the court will officially grant it. This time is from the point you have first applied for divorce in court until the court has issued the divorce order and it is finalised.
To ensure that your divorce is finalised as soon as possible, you need to ensure that all applications, forms and paperwork are completed correctly. If anything is not done correctly, the court will delay your divorce application. As the court is very backed up, these mistakes can result in delays of weeks.
When Your Former Spouse Does Not Want a Divorce
As stated earlier, a divorce can be a very lengthy and stressful ordeal. However, this length and stress are sometimes made worse when parties disagree as to whether they should get divorced, which can lengthen the process and cause additional stress.
Whenever parties disagree, this means a contested divorce has arisen. Moreover, divorce cases that involve children further complicate and lengthen the process. This is because, in every instance involving children under the age of 18, the court must be satisfied suitable arrangements are made regarding their care before granting the divorce.
Be Careful Of Bigamy
An issue that comes up quite often when discussing the question of ‘How long does it take to get a divorce in Australia?’ is the issue of bigamy. Bigamy refers to the offence of marrying someone else while you are already married to another person. In Australia, bigamy is illegal. As such, you need to ensure that the court finalises your divorce before remarrying. In Australia, bigamy means your new marriage is not legal and is also a criminal offence.
In Australia, marriage legally requires a person to:
- Be a legal adult (18 years old) – the only exception to this being with court approval when one person is 16 and the other is 18
- Have mental capacity to understand what marriage entails and to be able to provide consent
- Not be already married
- Not to marry a close relative, including your brother, sister, parent, child and grandchild.
- Use particular words during the ceremony, such as wedding vowels
- Provide notice in written form regarding their intention to marry to an authorised officiato
Importance of Seeking Legal Advice
It is important to note when discussing the question of ‘how long does it take to get a divorce in Australia?’ to remember that while there are some set times in place, each divorce can vary depending on their particular circumstances. To obtain a more accurate time estimate, you should speak to a family law professional about your matter.
Here at JB Solicitors, we’ll make the process as pain-free as possible. We have fixed-fee pricing for family law, giving you a clear sense of the costs from the start, and we will be sure to help you out every step of the way. With years of experience under our belt, we pride ourselves on making each client’s family law experience as positive as possible.
Contact JB Solicitors today to speak with one of our friendly and experienced family lawyers.
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