Getting a Divorce in Australia: What You Need to Know
Divorce can be tough, but knowing the steps can make it a bit easier. In Australia, the process is fairly straightforward thanks to the Family Law Act 1975. Whether you're dealing with kids, money, or property, here's a guide to help you through it.
Who Can Get a Divorce in Australia?
To get a divorce in Australia, you need to meet a few requirements:
- You Really Want to End Your Marriage: You need to show that you genuinely want to end the marriage, which means being separated for at least 12 months.
- Separated for 12 Months & 1 Day: You and your partner must have been separated for at least 12 months before you can apply for a divorce. You can still live under the same roof, but you need to prove that you're living separate lives.
- Australian Citizenship or Residency: Either you or your partner must be an Australian citizen or resident, or you must have been married in Australia.
No-Fault Divorce System
Australia has a no-fault divorce system, which means the court doesn't care why the marriage broke down. The only thing that matters is that you've been separated for 12 months and 1 day and the marriage can't be fixed.
Steps to Get a Divorce in Australia
Getting a divorce is pretty simple, but there are a few things you might need to sort out, like money and kids that aren’t included in the process of obtaining a divorce.
- Get Legal Advice: It's a good idea to talk to a lawyer before you start the divorce process. They'll help you understand your rights and what you need to do.
- Collect Your Documents: You'll need to gather some key documents, like your marriage certificate and proof of separation (if you remain living together despite your separation).
- File the Divorce Application: You can file your divorce application either on your own or with your partner. There is a filing fee payable to the Court of $1,100. You may be eligible for discount if you receive Centrelink benefits, have a Health Care Card or having financial trouble.
To file the divorce application, you can use the Commonwealth Courts Portal for online submission or file it in person at the Court registry.
- Court Hearing: After you file your application, you'll get a date for a court hearing. In most case, it will not be necessary for you to attend or particulate in this hearing and your application for divorce will be dealt with administratively.
- Divorce Order & Waiting Period: Once the court grants the divorce, there's a one-month waiting period before it's finalised. After that, you'll get a divorce order, which is a legal document.
Sorting Out Parenting Matters
You don't need to have formal parenting arrangements in place before you apply for a divorce, but you do need to show the court that there are proper care arrangements in place for your kids if they're under 18.
Financial & Property Settlement
It's important to sort out financial matters as part of the overall divorce process. A property settlement can either be agreed upon by both parties or ordered by the court. If you cannot reach an agreement on financial or property matters, you can seek professional assistance from a family lawyer.
Time Limits for Property Settlement
The day your divorce is finalised marks the beginning of time limits for property settlement. If either party wishes to make a claim for property or initiate property settlement, it must be done within one year of the divorce being finalised
Changing Your Name
After your divorce is finalised, you may choose to change your name back to your unmarried surname. You will need to update your personal documents, including your passport, driver’s license, and financial accounts, to reflect your name change.
Divorce for Those Married Overseas
If you were married overseas and want to get a divorce in Australia, you'll need to provide a copy of your marriage certificate, translated into English if necessary.
Next Steps
The process of divorce involves several important steps and considerations. It may seem daunting, but with the right legal advice and preparation, you can navigate it successfully. Whether you’re dealing with children, financial matters, or property settlements, the Federal Circuit & Family Court of Australia provides a clear pathway for moving forward.
If you are thinking about getting a divorce in Australia, consider seeking professional assistance from family lawyers to help you understand your rights and obligations during this emotional and often complex process.
For further information or legal advice tailored to your situation, please contact the Family Law team via our website or on (03) 9739 7377.
