Are we there yet? 5 things to know about how long it takes to get a divorce in Australia.

If you have separated from your ex, you may be wondering how long it takes to get a divorce.

Unfortunately, the best answer to this question is “it really depends” on a number of factors. However here are 5 things to know about how long it takes to get a divorce.

1. Have you been separated for 12 months?

The first thing to know is whether you are in fact eligible to apply for a divorce. In Australia you need to show that that your marriage has broken down and that there is no reasonable chance of reconciliation. This is shown by being separated for a period of 12 months which means that you cannot apply for a divorce until at least 12 months after separation.

However, if you have been separated for 12 months but have been living under the same roof for any part of that 12 months, you will need to provide extra evidence to prove your separation by preparing and filing an Affidavit along with your application.

2. Are you applying for a Divorce by yourself or jointly with your ex?

The second things to consider whether you are applying for a divorce by yourself or together with your ex. This is relevant to ‘service’ which is the process by which you put your ex on notice of your application for a divorce.

If you are applying by yourself, service is a requirement to allow the other party to be notified of the pending application for divorce involving them.

Depending on how long it takes you to serve the application on your ex, you may experience a delay in obtaining your divorce.

If you are applying jointly with your ex, service is not required.

It is important to obtain advice from a family lawyer at the outset as service is an important step in the process of obtaining a divorce and there are time limits for service that apply depending on whether your ex lives in Australia or overseas.

3. Do you have children under the age of 18?

The third thing to consider is the requirement to address the Court on what care arrangements are in place for any child/ren of the marriage under the age of 18.

In applying for a divorce, you will need to provide details about what living arrangements are in place for any child/ren post separation, their housing, schooling, any relevant health matters and what financial support is provided for the child/ren, among other things.

4. Do you need to attend at your divorce hearing in Court?

The fourth thing is to consider whether you will be required to attend the divorce hearing.

Attendance at Court is only required if:

• you have applied for a divorce by yourself and there is a child of the marriage under the age of 18 at the time of filing;
• you have indicated that you wish to attend in the application;
• one of the parties has objected to the divorce being heard in the absence of the parties; or
• one party files a Response to divorce opposing the application for divorce.

If one of the above situations applies to you and you are not comfortable or confident attending the Court hearing yourself, you may wish to engage a family lawyer to assist you at the outset.

If one of the above situations does not apply to you, attendance at Court would not be required. Your application will be considered by the Court at an administrative divorce hearing.

It is important to remember that if the Court is not satisfied that there are grounds to make a divorce, your matter may be adjourned while you take steps to provide the Court with any further information they require. This may result in a delay in you obtaining your divorce.

5. Your divorce becomes final after one month and one day.

When the Court grants your divorce on the date of your divorce hearing, it does not become final until one month and one day later unless a special order is made by the Court to shorten that time.

Get in touch

If you require any assistance or guidance on any matter relating to separation, divorce, property settlement or children’s issues, please get in touch with our caring and experienced Family Law Team or call 1800 730 842 to speak with one of our family lawyers.