Divorce in Australia is a legal process that involves the dissolution of a marriage. It is separate from property settlement and parenting arrangements (for example, there is no requirement to apply for divorce in order to seek a property division or parenting orders). The process is governed by the Family Law Act of 1975 and is handled by the Federal Circuit and Family Court of Australia.
A typical divorce application usually takes about 3 months for the court to deal with and finalise after the date of filing. In some cases, such as where there are no children of the marriage, a court appearance can be avoided altogether.
Divorce in Australia is governed by the Family Law Act of 1975, which provides for the legal dissolution of marriages. Here are some key aspects of divorce in Australia:
No-fault divorce
Australia has a no-fault divorce system, which means that neither party needs to prove that the other is at fault for the breakdown of the marriage. The only requirement for divorce is that the marriage has irretrievably broken down, and there is no reasonable likelihood of reconciliation.
One-year separation
In order to apply for divorce, the parties must have been separated for at least 12 months. This means that they have lived separately and apart during that time, and there is no prospect of reconciliation.
Jurisdiction
Divorce in Australia is handled by the Federal Circuit and Family Court of Australia. Jurisdiction for a divorce applications will be met if at least one of the married parties is either an Australian citizen, a permanent resident, or is domiciled in Australia.
Application process
To apply for divorce, one party must file an application with the court and pay a filing fee (fee exemptions or reductions can apply in some circumstances). The other party must be served with the application and has the opportunity to respond, although the application does not require that party's consent to proceed. If the court is satisfied that the requirements for divorce have been met, it will grant a divorce order, known as a "decree nisi". After 30 days has elapsed since the making of the order, the divorce becomes effective (known as the "decree absolute".
Property settlement
Divorce in Australia can also involve property settlement (although it does not need to), where the parties divide their assets and liabilities. This can be done through negotiation, mediation, or litigation.
Parenting arrangements
Divorce in Australia can also involve parenting arrangements for any children of the marriage. This includes issues such as custody, visitation, and child support.
Bainbridge Legal Family Lawyers in Blacktown employs barristers and solicitors with expertise in family law cases. Call us today to book your free appointment.
