What is The Divorce Process in Australia? It’s Essential Requirements

Ending a marriage is not always a decision made by choice. Sometimes, you are left with no option but to walk out of a marriage for mental peace and emotional stability. People never think about getting a divorce while getting married, but the communication gap, lack of understanding, and patience lead them to the verge of divorce.

“People do not get married planning to divorce. Divorce is the result of a lack of preparation for marriage and the failure to learn the skills of working together as teammates in an intimate relationship.”

– Gary Chapman –

If your marriage is broken down to the point where you cannot see a way to make it work out and decide to walk out of it, then firstly, I appreciate your courageous step, and secondly, I’ll ease out this journey as much as possible with my knowledge. This blog will explain all the steps that you have to take during the divorce process in Australia.

Moreover, the mandatory requirements have also been written down for you. Let’s go through the blog to make ourselves aware of the facts of the divorce process.

Steps of The Divorce Process in Australia

The divorce process in Australia is very simple yet a bit complicated if you don’t follow the given steps strictly.

1. Separation

To initiate a divorce process, the first significant step that you should take is to separate from your spouse. The separation period between you and your partner will play a key role in getting a divorce. Once you have made up your mind to walk out of a relationship you should stop living under the same roof with your spouse.

To start the process of separation, you can notify your partner through an Email or a letter so that you have evidence of your separation if needed at the time of divorce. There can be situations when you or your partner cannot afford to live in a separate house. In such scenarios, you can proceed with “separation under the same roof.”

Separation under the same roof means that you and your spouse will continue to live in the same house but will sleep in different rooms, cook your meals, and separate your finances. During divorce, the court might ask your relatives to sign an affidavit to make sure that you were living separately.

2. Splitting Financial Assets

The step that comes after separation is splitting the financial assets. Splitting the financial assets in Australia is an easy process if you have an understanding spouse and you are mutually filing for a divorce. On the other hand, if you are ending a problematic marriage, then you might face difficulty in splitting your assets.

Splitting assets takes 2 to 3 weeks if it happens with the couple’s mutual understanding. If that’s not the case, this process will take 2-3 years, and you might lose a huge portion of your assets during that time period. You may also have to attend mediation to agree to a mutual decision.

3. Splitting Children Responsibilities

It is difficult to get separated from your partner if you have been in a long-term marriage. It doesn’t only take a toll on your mental health but also impacts the overall circumstances of your life. One reason that makes a divorce difficult in a long-term marriage is children. Splitting the responsibilities of children is a major step during divorce. 

Some parents agree to make peace with mutual terms and conditions regarding the responsibilities of their children. Some decide in court what child support covers for each spouse. Couples with no kids under 18 years old can skip this section during the divorce process.

If the divorce process is happening with the mutual consent of the couple, then you do not require a lawyer to proceed with your case. However, if you are a couple with a complicated divorce case, you need a lawyer to deal with it. Aussie Legal Partners is a renowned law firm in Parramatta, Sydney, with a team of professional divorce lawyers who will help you with the processing of your case.

4. Applying For Divorce

After completing the separation period of 12 months and one day, you can apply for divorce. The separation period has to be a consistent 12 months. You cannot go back and forth living together and separately. The legal process will start once you file for the divorce.

5. Finalising the Divorce

Once you have completed the application for divorce, the following process is finalising the divorce. A registrar in the courtroom will grant you the divorce either it is with mutual consent or through a lawsuit. The court hearing for a divorce case takes around 2-4 months after the approval of the application. You must serve the documents on your Ex-partner once you get the confirmation of your divorce.

Requirements For Divorce in Australia

The requirements for getting a divorce in Australia are listed below. Make sure to fulfill the requirements before you apply for a divorce.

• One spouse must have Australian citizenship (descent, birth or naturalisation) to file for a divorce.
• Citizens who were not born in Australia can prove their citizenship through a passport or a stay in Australia for up to 12 months.
• Marriages that happen overseas can only be ended in Australia if the couple provides a legal copy of the marriage certificate.
• Divorce for same-sex couples has the same process as for heterosexual couples. It became legal after 2017.
• The newlywed couple must seek counseling before filing for a divorce case.

Closing Insight

In this blog, I have covered all the significant steps that will be a part of your divorce process. Read them thoroughly to avoid any errors while going through a divorce process. The requirements for divorce in Australia are also mentioned above, and you must read them before starting the divorce process. If you find yourself stuck in the process, consult with a lawyer. 

Aussie Legal Partners is renowned as the best legal service provider in Parramatta, Sydney. Our divorce lawyers can help you with your divorce, financial settlement, and child support. Don’t hesitate to approach us, as we ensure our lawyers’ 24/7 availability so that you can experience a seamless process.

FAQs

What is a divorce order in Australia?

A Divorce Order, also known as a Divorce Certificate, is given by a Judge. If the registrar and judge agree, your divorce becomes final after one month and one day unless something unusual happens.

How much time is required for divorce in Australia?

In Australia, the time it takes to complete a divorce can change, but if everything goes smoothly, it usually takes about four months.

What documents are required for divorce in Australia?

You will need the following documents to file for a divorce.

• Two original copies (or photocopies) of your Application for Divorce.
• Any supporting documents.
• A copy of your marriage certificate. 
• Fee for divorce.