How long does it take to get divorced in Australia?

How long will it take to get divorced?

Getting a divorce in Australia doesn't take as long as some other countries because Australia is a no-fault jurisdiction and therefore you do not have to prove any grounds for the divorce such as adultery or abandonment.

If you satisfy the eligibility requirements, a divorce Application can be prepared and filed via the Commonwealth Courts Portal. You can do this yourself or have an expert do it for you.

Read more: 

Eligibility for divorce

How to get divorced in Australia

 

If the process is handled efficiently, it generally takes about three months from the first date of filing your application for divorce with the court, until the divorce is granted at a hearing and draft orders are made. One month and a day after the date of your divorce hearing provided your divorce is granted on the day of its hearing, the orders will be made final and you will each receive a copy.

In some cases your divorce may take longer than four months should there be any difficulties in serving your spouse with court sealed copies of the divorce application or the court is not satisfied with certain aspects of your application, say, for example, the arrangements you say you have made for your children.

 

When can you remarry?

You can get engaged and you can lodge a notice of your intention to marry before you divorce orders have been granted, but you cannot actually marry.

Do not arrange to re-marry without ensuring you have allowed enough time for your divorce to be finalised and until you have actually received the divorce order from court. This is illegal and is called committing bigamy.

The person who is authorised to perform the marriage must actually sight the divorce order before they can marry you so there is no way to marry without it. 

 

Important additional considerations

Getting divorced is only one part of the legal process when a relationship breaks down. Dividing your property and ensuring that you each receive a fair and equitable portion and can live financially independent of each other without further claims in the future is a separate legal process. For detailed information about how to work out a property settlement, click here.

 

More information about the divorce process in Australia: 

Serving divorce papers: A quick how to guide

Eligibility for divorce

How to get divorced in Australia

 

Christine Weston Divorce Resource Split Kit

Published by, Christine Weston
Founding Director and Creator of Divorce Resource
Australian Nationally Accredited Mediator and Divorce Coach

The information in this article is general in nature and should not be considered as professional advice. You should seek the advice of a registered professional who will be able to appropriately assess your specific circumstances before offering their expert opinion.

 

More Reading:

 

Should you get Divorced or do the Property Split first?

Am I due spousal maintenance because I stopped work to have the kids?

Warning: Do not plunge too quickly into trauma of divorce

How to think optimistically about your future after separation

Future assets of your former spouse: what are you entitled to?

Married overseas can I divorce in Australia?

Help! My ex won’t let me see my children, what can I do?

Moving house after a breakup: 9 tips for creating an uplifting new home

What to do if you are issued with a restraining order

Why Some Children Confess to Abuse that Never Happened

Is drug and alcohol abuse ruining your marriage?

 

Add new comment

Return to top