Need to know
- Divorce is the legal end of a marriage.
- You can make an application for divorce jointly or separately.
- The reason for you wanting a divorce is not relevant in Australia where we have ‘no fault’ divorce.
- Parenting arrangements, property division and/or maintenance payments are dealt with separately.
- You must obtain a divorce before you can marry someone else.
Getting a divorce
Most people consider divorce to be ‘the business end’ of separation. It’s a relatively straightforward process in Australia, where we have a no fault divorce system, which makes it easier for a few reasons:
- You don’t have to prove either party is to blame for the end of the marriage.
- Irretrievable breakdown is the only grounds needed to apply.
- A divorce application can be made by either person – either jointly or separately.
- You don’t need the other person’s agreement before you apply.
How does it all work?
While the legal process is relatively straightforward, it’s easy to miss something important without proper legal advice. As experts in family law, we know exactly what the Court will consider before being satisfied that the marriage has irretrievably broken down. We know how to look after your best interests while keeping negotiations between parties positive and productive. Our goal is to help you reach agreement as quickly as possible so you can get on with life.
How long does it take?
You are required to wait twelve (12) months to apply for a divorce from the date of separation. This includes any time you were separated but remained living under the same roof. The date of separation is the date one of you deemed the relationship was over and let the other person know in some way. (It’s a good idea to take note of this.) If you were married for less than two years, you may be asked to seek counselling and try to reconcile, unless relevant circumstances prevent this from happening. Upon applying, a Hearing is set by the Court for a date approximately three (3) months later. After the Hearing you will be required to wait one (1) month and one (1) day for the Divorce Order to issue.
What should I do next?
There’s a lot you can do straight away to keep moving forward with the separation process. For example, you don’t have to wait to:
- Negotiate and/or make an application for a property settlement – this can be finalised at any time following the date of separation and up to one year after the date of divorce
- Navigate claims for spousal maintenance – speak to us about the relevant factors and time frames that apply.
- Work out your current and future parenting arrangements – if you have children from your relationship.
Expert advice to keep you moving forward
If you have specific questions or need help to get your divorce application started contact our expert Divorce Lawyer on the Gold Coast at Quinn Family Law today.