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What is the waiting period for divorce in Australia?

In Australia, the waiting period for divorce primarily refers to the required separation period before you can apply for a divorce. Here are the key details:

Waiting Period for Divorce

1. Separation Period: You and your spouse must be separated for at least 12 months before you can apply for a divorce. This separation can include living under the same roof, as long as you can demonstrate that you were living separate lives during this period.

2. Filing for Divorce: After the 12-month separation period, you can file for divorce in the Family Court of Australia or the Federal Circuit Court of Australia.

3. Service of Application: If you are the one filing for divorce, you need to serve the divorce application to your spouse. If they do not contest the application, the process can proceed smoothly.

4. Hearing: If the application is uncontested and you have children under 18, the court will still hold a brief hearing to ensure that proper arrangements have been made for the children's care.

5. Divorce Order: If the court is satisfied with the application and any arrangements for children, it will grant a divorce order.

6. Finalization Period: The divorce order becomes final one month and one day after it is granted by the court.

Summary of Timeframes

- Separation Period: 12 months

- Processing Time: Variable, but generally a few months from the time of application to the hearing date.

- Finalization Period: 1 month and 1 day after the divorce order is granted

Important Legal Concepts

- Separation Under One Roof: If you live separately but under the same roof, you need to provide additional evidence to prove that you were separated.

- Divorce Order Finalization: The divorce is not final until one month and one day after the court grants the divorce order.

Practical Steps

1. Ensure 12-Month Separation: Make sure you have been separated for at least 12 months before applying for divorce.

2. Prepare Evidence: If you were separated under one roof, gather evidence to support your claim.

3. File for Divorce: Submit your divorce application to the appropriate court.

4. Serve the Application: Serve the application to your spouse and ensure they acknowledge receipt.

5. Attend Hearing: If required, attend the court hearing.

6. Wait for Finalization: Wait for one month and one day after the court grants the divorce order before considering the divorce final.

If you need help with any part of the process or have more specific questions, please let me know!

Legal Link Finds Similar Case Law for You
Law Firm's Insights
7 September 2022
MELBOURNE
MANSINI
Highlights
JUDGE MANSINI's ruling is that Australia is not an inappropriate forum for a divorce, and that the grounds for a divorce are not established. The ruling also dismisses the wife's amended response which included two additional issues, separation at the time of application and no proper arrangements for the welfare and care of the Child.
Judgment
The husband's divorce application is dismissed. No order as to costs is noted. It is noted that publication of this judgment by the Court under a pseudonym, Goyal & Prabhu, has been approved pursuant to Section 121(9)(g) of the Family Law Act 1975 (Cth).
Legislation
1.Evidence Act 1995 (Cth) ss. 174, 175
2.Family Law Act 1975 (Cth) ss.4, 39, 45A(6), 48, 49, 55A(3), 117(2)
3.Hindu Marriage Act 1955 (India)
Other FAQs You may Interested In
1. What are the legal requirements for divorce in Australia?2. I’m in Sydney, Australia, and I want to file for divorce from my husband. We’ve been separated for two years, and I haven’t been able to get in touch with him since the separation. What steps should I take to file for divorce?3. In Sydney, Australia. I have an order for the children to spend time with me but my ex-partner won’t let me see them. What can I do?4. Having married in Sydney but subsequently relocated abroad, I find myself in the process of divorce. I require clarity on the necessity of my physical presence for the legal proceedings and the procedures for managing this matter remotely.5. In Sydney, Australia. The other parent has taken the children and is refusing to return them. What should I do?