Divorce is the procedure that two married individuals go through to end their marriage. They acknowledge in formal documents that their marriage is over and that if they so choose, they may wed again.

Divorce is a formal legal procedure. You must submit a divorce application to a court to obtain a divorce. The court will then determine if you are eligible for divorce. This is referred to as “granting” a divorce occasionally.

You must have been apart for at least a year before filing for divorce. If you’ve been married less than two years, you also need a counselor’s certification confirming that you’ve thought about attempting to get back together.

In Australia, divorce is a “no-fault” policy. You can therefore file for divorce without stating or proving that the other party acted improperly.

What Is the Divorce Procedure?

The three stages of the Australian divorce process include the divorce itself, property distribution, and the setting of child custody and parenting arrangements.

Divorce Petition

You can file for divorce either alone or jointly. If you file a single divorce petition, the other spouse in the marriage will be served with the divorce papers. Once the divorce is finalized, a copy of the Divorce Order will be shown when you log onto the Commonwealth Courts Portal. There is no time restriction, therefore you can petition for divorce after five or ten years of separation.

Annulment

A divorce is not the same as an annulment. An annulment means that in the eyes of the law, you were never legally married. An annulment is preferable to divorce if you are a practicing Catholic since you will be able to remarry in the Catholic Church. If you are divorced, you cannot marry in the Catholic Church. An annulment hearing needs the presence of both parties, whereas you can pursue divorce on your own.

You can seek an annulment at any time after getting married. There is no downtime.

De Facto Relationships

Not every couple desires to marry. Some couples just wish to coexist without disclosing their connection. They are considered de facto partners. Section 4AA of the Family Law Act of 1975 defines a de facto connection.

A de facto relationship is formed when two people live together in their own house.

If you are in a de facto relationship, you can ask the Births, Deaths, and Marriages Registry to record your connection. If you divorce and need to go to court to address financial or parental concerns, registering your partnership will save you a lot of time and money.

Same-Sex marriage

Same-sex couples in Australia have been entitled to marry since the Marriage Amendment (Definition & Religious Freedoms) Act 2017 (Cth) was presented on December 9, 2017. As a result, same-sex and opposite-sex couples now have equal legal status. This implies that if same-sex couples divorce or seek custody or spousal support, it will be considerably easier to prove their connection. Same-sex couples may also verify the length of their relationship, which was far more difficult before the legalization of same-sex marriage.

The majority of divorcing individuals find it tricky to transition into a new stage of life with a bewildering variety of difficult decisions to make. Because of how severe and frightening the situation is, it’s simple to become confused and make bad choices that might irreparably ruin your possessions, your life, and the lives of your children. Don’t leave crucial choices, such as how the property will be divided or who will have custody and parenting time, up to chance. Consult with an expert and competent family law professional to establish the best course of action for your particular situation.

Working with Our Law Firm Lawyers

Our Law Firm is among the most well-known and trusted family divorce lawyers in Australia, with a wealth of experience in both uncomplicated and difficult property and parenting conflicts across a wide variety of problems as well as.

Recognizing that resolving a family law dispute is often a human as well as a technical and legal difficulty. We place a high value on making the separation process civilized and, wherever feasible, settled outside of court. Before considering a lawsuit, we think that collaboration, negotiation, and mediation should always be encouraged.

Our Law Firm is a ground-breaking new solution for families that we have introduced in recognition of the emotional impact that family law issues can inflict on individuals. It is intended to support our family law clients through the most trying period of their lives and make sure they are taking care of both themselves and their children as they go ahead.

We Represent you

After your relationship has ended, our Law Firm can help you file for divorce or get any other help you need to safeguard your rights.

We’ll help you through the process and answer any questions you may have. Our skilled lawyers are available to you 24 hours a day, 7 days a week. When you meet with our lawyers, you will feel taken care of, heard, and, most importantly, assured that your divorce will finish in the way you want it to.

• Family law & divorce experience
• Divorce Expertise
• Reputation and online ratings as a divorce lawyer
• Empathy and compassion for your situation 
• Communication
• Perseverance

Applying For a Divorce? Here’s What You Need to Know

• In Australia, you can petition for divorce after being separated from your partner for at least a year. There is no obligation to prove that a divorce or marital breakdown was caused by the fault of one party since the 1976 Family Law Act established the ‘no-fault divorce system.
• As a result, the only need for filing for divorce is to show that the marriage has ‘broken down irretrievably,’ meaning that it cannot be salvaged or restored – for example, through marriage and couples counseling.
• As previously indicated, divorce settlements need documentation that both parties have been apart for at least one year.
• You don’t have to wait a specific amount of time to resolve conflicts and make plans for sharing minor children with your spouse. You may carry it out right now. For more information, see our Child & Parenting Arrangements page.
• Similar to this, you may settle disputes involving assets or property right away without needing to wait a certain amount of time.
• If your husband/Wife does not consent to the divorce, it can still be feasible for the court to grant your petition if you can demonstrate that you have been apart for more than a year and that all essential arrangements have been made for any shared children.
• The judge’s decision or order following your final divorce hearing does not fully take effect until four weeks have passed since the judge made the decision or order.