In order to apply for divorce in Australia, you will need to fulfil certain eligibility requirements. If the following requirements are met, you are then legally allowed to file your divorce application.
- Your marriage has broken down irreversibly
- You have been separated from your spouse for a minimum of 12 months and 1 day
- If you have children, that their welfare has been property arranged
Once the above requirements have been satisfied, a divorce application can be prepared and filed. Obtaining a final Divorce Order generally takes at least 4 months from the date of filing the application. Note, this process can take longer if there are problems locating or serving the other party.
How to apply
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.
Property settlement and child arrangements
The divorce is the formal legal end of the parties’ union, however most separating couples also need to settle on property and work out appropriate arrangements for their children.
The division of property must be done within 12 months of the date of the divorce order.
If you are unable to resolve your property issues and arrangements for your children then you can look at family dispute resolution. Otherwise, you will need to go to court to have the division of property and arrangements of your children decided by the court.
Note: This is general information advice only and does not constitute 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
Resolve Conflict
Level 24, 459 Collins Street
Melbourne, VIC 3000