How Divorce Works in Australia

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The process of Divorce only involves the ending of the marriage.

Often people use the term “Divorce” to refer to the process of dividing assets and making arrangements for their children – however, these are a separate legal process. Please see our other blogs to learn more about other areas of Family Law such as the process of obtaining a property settlement and children’s arrangements.

The process of Divorce itself is dependent on if it is a joint Divorce or a single Divorce.

If it is a joint application:

  1. An Application for Divorce is prepared
  2. Both parties sign the necessary documents
  3. The documents are filed with the court
  4. A court date is set
  5. The court hears the matter in “chambers” and will usually make the Divorce Order

1 day and 1-month thereafter the decree is absolute, and you are divorced!

If it is a single application, the Application for Divorce is:

  1. Prepared
  2. Filed with the court
  3. Served on the other side
  4. A court date is set
  5. Your lawyer will attend to have the Divorce Order made.

1 day and 1-month thereafter the decree is absolute and you are divorced!

It is important to know that there are circumstances which can complicate the process of obtaining a Divorce – and your lawyer will be able to identify if any of those circumstances apply to you at the consultation.

Does divorce have to be mutual?

No – a Divorce does not need to be mutual.

To be eligible to apply for a Divorce you must have been separated for a period of 12 months.

The date of separation is determined by when one party communicates to the other that the relationship is over and that they are separated. This need not be accepted by the other party, but you must live separately and apart for the 12 month period.

You can live separately and apart under the same roof.

At Amanda Little & Associates if our clients indicate to us that the other side is unlikely to agree to a separation, we encourage our clients to send a text, email or alike confirming that the relationship has ceased and that the parties are separated, as proof of them notifying the other party.

Does divorce have to be expensive?

No – a Divorce doesn’t need to be expensive.

The process of obtaining a Divorce is simplified when both parties apply to the court together for a Divorce.

Again, it is important to note that a Divorce does not include property settlement and children’s orders. These are separate legal issues. A Divorce only ends the marriage.

If you need assistance with your divorce, separation or other family matter, don’t hesitate to reach out to the team at Amanda Little & Associates. We have offices in Penrith, Oran Park, Orange, Richmond and Southern Highlands and can be reached at any of our locations by calling 1300 ALA LAW.

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