If you’re considering or going through a divorce in Australia, you likely have many concerns and uncertainties. To help you navigate this difficult time, here are 10 common questions and answers regarding divorce in Australia.
1. What Court Should I Go to For Divorce in Australia?
The Federal Circuit and Family Court of Australia (FCFCOA) commenced on 1 September 2021 and hears all family law matters and other federal matters.
2. Do I Need a Lawyer for Divorce?
Prior to initiating the divorce process, consulting with a family law attorney is recommended to ensure you follow the correct procedures and understand the implications of your choices.
3. What are the Grounds for Divorce in Australia?
The only ground for divorce is the irretrievable breakdown of the marriage, which must be demonstrated by living separately for at least 12 months.
4. How Do I Start the Divorce Process?
To initiate divorce proceedings, you need to file an Application for Divorce. You can do this either online, in person, or through a family lawyer. However, it can take longer if there are complications or delays in the process.
5. What If My Spouse Lives Overseas?
You can still get a divorce in Australia even if your spouse lives overseas, as long as one of the parties is an Australian citizen or ordinarily live in Australia for 12 months preceding the date of application.
6. What Happens If My Spouse Doesn’t Agree to the Divorce?
If your spouse doesn’t consent to the divorce, you can still proceed, but you’ll need to provide evidence to the court that the marriage has irretrievably broken down. This might involve showing separation and a breakdown in the marital relationship.
However, if both parties agree on the divorce, the process can be streamlined, making it quicker and less costly. This uncontested divorce simplifies the court proceedings, as there are no disputes to resolve.
7. What if my spouse can no longer be located?
You may still obtain a divorce even if you are unable to identify your spouse, although this can make the divorce process more complicated.
If, despite your best efforts, you are still unable to serve your spouse with your divorce application, you can apply from the court in two specific types of services. Accuro Maxwell Family Law’s solicitors can provide the necessary legal advice to apply for the Substituted services or Dispensation of service.
8. What About Property Settlement and Child Custody?
Property settlement and child custody arrangements are handled as a separate legal matter from Divorce.
Joint debts and assets are typically subject to division during the property settlement process, which considers various factors including financial contributions, non-financial contributions, and the needs of each party.
When dealing with child custody and parenting arrangements Under the Family Law Act (1975), unless a parenting order exists, both parents are presumed to have equal shared parental responsibility. Moreover, when deciding about a child, the court will make an order that is in the best interests of the child.
9. How Long Does the Divorce Process Normally Take? Can I Remarry After Divorce is Finalized?
The divorce process typically takes about 4-6 months from the time of filing your application until the divorce is finalized.
Once your divorce is finalized, you are free to remarry if you choose to do so.
10. Can I Reconcile After Filing for Divorce?
There is a one-month waiting period after filing for divorce. This allows a cooling-off period and an opportunity for reconciliation or mediation.
If you and your spouse reconcile, you can withdraw the divorce application before the court grants the divorce.
The above provides a general overview of divorce in Australia. However, as each divorce case is unique, it is crucial to consult with a family law solicitor who can provide personalised guidance based on your specific circumstances.
In Accuro Maxwell, our team of family lawyers comprehends the support you seek during times of separation and divorce.
Moreover, we stand ready to provide guidance on various issues beyond divorce, including property division, child custody, property settlements, child support payments, and divorce settlements.
Please do not hesitate to contact us to explore how we can be of service to you.