Divorce is a separate process to parenting or property proceedings and does not finalise these other issues.
Time limits apply to the resolution of property settlements and spouse maintenance and you must ensure you seek legal advice when applying for a divorce.
Divorce officially ends a marriage once there has been an irretrievable break down in the relationship.
There is requirements for Divorce set out by the Family Law Act:
- One or both of the married couple must be permanently resident in Australia;
- The married couple must have been separated for at least 12 months prior to the time the application for divorce is filed;
- If there are children of the marriage under the age of eighteen years, the court must also be satisfied that arrangements for their future care are satisfactory. (this is NOT the same as parenting orders)
To apply for a divorce, you must fill out and lodge an application to the Federal Circuit Court of Australia (the Family Court). There is a filing fee that must be paid to the court unless you qualify for fee relief. The divorce application is sworn and filed with the Court of Australia. The application is then heard by a Registrar of the Family Court approximately two months from when the application is filed. The Registrar will determine whether the requirements for a divorce have been met and grant the divorce. The divorce order will take effect after one month of the hearing. The whole process takes approximately four months.
If you are concerned about whether you meet the criteria of divorce or if you are concerned about how you will cope financially or how the children will be affected, we can help you.
Here at Court Legal we can help you prepare and file the divorce application and assist you with other matters such as financial settlements, property settlements and parenting if there are children involved and answer all your Family Law related questions..
Call 1300 885 289 To Find out about Your Family & Divorce Legal Options