So how do you get divorced? In Australia, what do you need to do? Who can get divorced?
Let me tell you.
Are you married?
First of all, you need to be married. If you’re de facto and you separate, you don’t need to get divorced because you’re not married.
The Exception…
But in some cases, if you were married in the Australian Capital Territory (ACT) prior to same sex couples being covered under the Family Law Act, there are certain agreements and things that you need to do in the ACT.
Remember, there was a while that there was the only place that if you were in a same sex relationship, you could get married, and that was down in Canberra. So just bear that in mind.
But for everybody else, you don’t have to get divorced.
What are the Requirements for a Divorce?
If you were married, you have to be separated for 12 months. You have to show that you have been separated.
Some people separate and still live in the same house, but you need to do some things to show that you’ve been separated.
If you get back together within that twelve (12) months, you can get back together for a certain period of time, it’s okay and you don’t have to start the clock ticking again, so to speak. But there’s some rules around that, so just keep that in mind when you’re thinking about applying for a divorce.
All right, so if we’re married, separated for 12 months, what are the next steps?
You need to file an application for a divorce order with the Federal Circuit and Family Court of Australia. Long name for a court. Everybody calls it the ‘family court’, but it’s not really. It’s got a big, long name.
You need to file that application with the court, fill out the information online, and then pay the filing fee. You can in certain circumstances, ask for that fee to be waived or reduced, but the details of that are all on the Court’s website.
And then you need to serve that application on your ex, and then you need to file an affidavit to say that that’s been served.
You can also file a joint application (when the divorce is agreed by both people to the marriage). So that’s different again, but you know, same steps, same rules apply for being married, separated, all of that sort of stuff.
Do I have to go to Court?
Once you’ve filed your application, you’ve filed your affidavit to say that it’s been served on the other party, the Court then lists that application that you’ve made in the Court (sets a Court date). This happens around about six to eight weeks later. The Court doesn’t need you to attend 9 times out of 10, unless they have a question about service or some other procedural issues. You don’t usually have to attend.
If there are kids under 18, you have to satisfy the court that there have been ‘appropriate arrangements’ made for the children, and you may need to attend court.
But a lot of these divorce court lists are done online. You don’t have to physically trot into court, but you know, you may need to, so just bear that in mind. And that’s really it.
My Divorce Order is made, now what?
The divorce order, if the Court makes it, comes into effect one month and one day after the order is made, so you can’t get married to your new partner, that’s about it.
That’s if you’ve got a straightforward divorce, that is all you need to do.
But the Court didn’t make my Divorce Order?
Sometimes divorces get complicated because you can’t find the other party. Or there’s a dispute about how long you’ve been separated, all of those things, you probably should get some legal advice.
But generally, if it’s just a straightforward divorce, that is all you need to do, and the information is on the court’s website.
If you would like assistance with your divorce, please do not hesitate to contact our office via booking an appointment on our website, or calling 1300 444 LAW.