Divorce Timeline In Australia

STAGE 1: DATE OF SEPARATION

The day either or both parties expresses their intention to end the relationship.

This is the first practical step after a break up, where one or both parties move out of the home, or otherwise begin living separate lives under the same roof.

STAGE 2: ORGANISE PARENTING ARRANGEMENTS

Develop a Parenting Plan and agree on how things that affect the children are going to be organised. This may include living arrangements, day-to-day care, holidays, special occasions, medical care etc.

This is best done soon after separation. You can also agree to make amendments later on if needed.

STAGE 3: NEGOTIATE PROPERTY SETTLEMENT

To avoid post separation asset or debt accumulation being factored into your property settlement, it is advised that you settle your property as soon after separation as possible.

STAGE 4: FILE FOR DIVORCE

Once you are separated from your spouse for a minimum of 12 months and 1 day you are able to file for divorce.

You are able to apply for divorce together (joint application) or on your own (sole application). If you are making a joint application you do not need to go to court.

If you are making a sole application and your children are under 18 and were part of the family prior to separation, you must go to court unless circumstances stop you from attending.

STAGE 5: DIVORCE ORDER GRANTED

If the divorce process is handled efficiently and you meet the eligibility requirements the divorce application can be quickly prepared and filed.

However, obtaining a final Divorce Order generally takes three to four months from the date of filing the application. Note, this process can take longer if there are problems locating or serving the other party.

Note: This is general information advice only and does not constitute as specific legal advice. If you would like further information in relation to this matter or other legal matters, please contact us on 03 9620 0088 or email info@resolveconflict.com.au