What Is The Process For Getting A Divorce In Australia?

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The concept of Divorce is a legal process where you separate from your spouse and formally end your relationship. 

The process of divorce in Australia is often fairly straightforward. However, property settlements and parenting arrangements can become complicated. 

You need to show that you have been separated from your spouse for a period of 12 months, and that you have no chance of reconciliation. 

It’s important to know that if you have reconciled with your partner for a period of three months or more, the 12 month period resets. 

There needs to be evidence that the separation is a genuine one, but you may be separated but live under the same roof. This is a situation that often occurs where parents separate but have a desire to care for their children together, while they finalise living and financial arrangements.  

For ‘divorce’ to occur, it requires the court to make an order which may require you and your partner’s attendance in court. 

Divorce order usually takes around four months to finalise from your first meeting until the court order is made.

A Good Resource Book – Surviving Your Split

Guide to Separation, Divorce and Family Law in Australia

Welcome to the club that you never wanted to join. You aren’t alone: 94,000 Australians get divorced every year, and this doesn’t include de facto relationships, which are just about identical in the eyes of the Family Court. 

Of all major life events that mess you around, divorce comes in at number two, just behind the death of a spouse. It’s a scary, confusing time.

But you will get through this. Authors and sisters Rebekah and Lucy Mannering did. Rebekah separated from her first husband four months before Lucy separated from hers. As lawyers who grew up in a family of lawyers, even they felt confronted by their strange new world.

Surviving Your Split is the book they wished they’d had. Practical and humorous, it’s the sort of guidance you’d get if your best friend was a family lawyer. It’s for everyone who needs help to navigate the legal minefield of divorce, and wants some tips on how to get through it with their life relatively intact—and the possibility of creating an even better, happier life at the other side. 

Surviving Your Split aims to save you money by skilling you up and ensuring the best outcome for you and your family. It is broken into bite-size information including:

  • surviving the first few days
  • telling your children and extended family
  • dealing with the Family Court system
  • negotiating a property settlement
  • and a resource list

About the Author

Lucy Mannering works in the corporate banking sector. She lives in Sydney with her three children. 

Rebekah Mannering is the legal practice director of a boutique family law firm based in North Brisbane. She lives in Brisbane with her partner and their blended family of five.

Only in specific circumstances your partner cannot oppose an application for divorce.  Not wishing to be divorced is not a ground to oppose it.

The specific circumstances your partner can oppose an application include a disagreement with the date of separation. If you desire to remarry, you need to ensure you have allowed sufficient time for your divorce to be finalised. 

Divorce in Australia occurs under the Family Law Act  and is on a no fault basis.  The only ground is where the marriage has irretrievably broken down which is evidenced by a minimum of 12 months separation prior to an application for divorce being filed.

It should be noted that Courts can decline to make a divorce order. This situation can arise if the court is not satisfied about the care and financial support of children of the marriage.

You can purchase the book here: Booktopia

If you are looking for legal representation on a family law matter in Sydney, the Meg MacDonald team endorse the work of Justice Family Lawyers and are the Divorce Lawyers that Melbourne & Sydney residents trust. You can learn more about them and view their website here: www.justicefamilylawyers.com.au

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