In Australia, a divorce takes about four months before it is officially granted by the court. This time is calculated using the date you first filed your application in court until the date when a divorce order is issued by the court.
In most cases, the divorce order takes effect one month and one day after the order is made by the court. However, the court may not make an order at the first hearing, and may require more information from you.
Applications for divorce should be eFiled online using the Commonwealth Courts Portal online form. This allows you, within the Court's secure website, to access your court file, the ability to eFile and access court orders 24/7. You may prepare your own divorce application or ask a lawyer to do it for you.
1. Domestic Violence or Emotional Abuse. Domestic violence is one of the most leading reasons for divorce in Australia. It is a serious issue that can have a significant impact on the lives of those affected.
The Family Court of Australia has clearly outlined the division of assets and property. As a general rule of thumb, marital properties are divided in half. Each item will not necessarily be split in half, rather each spouse will get different contents. Assets are always aimed to be distributed equitably.
Where the need exists, both parties have an equal duty to support and maintain each other as far as they can. This obligation can continue even after separation and divorce. The extent of the support depends on what the other party can afford to pay.
Do I split the costs with my ex-partner? Some of the costs will be your responsibility and some costs may be shared. For example, paying for a mediator would be a shared cost, whereas you would be required to pay your own legal costs unless a court ruling says otherwise.
Applying for a divorce
Australia has a 'no-fault' divorce system. This means you don't have to say or prove that someone has behaved badly to apply for a divorce. The easiest way to apply for a divorce is to complete an online application on the Commonwealth Courts Portal. You need to register to use the Portal.
Women are more likely to initiate separation than men
Thirty per cent of separations were initiated jointly with 70 per cent of separations initiated unilaterally by either the husband or wife.
The largest proportion of couples separating and then divorcing were married for nine years or less. In 2021, 56% of separations and 41% of divorces were couples in this category. This showed little change from 2020. Couples who had been married for 20 or more years made up more than one-quarter of divorces in 2021.
If you are not an Australian citizen or permanent resident but have been living in Australia for at least 12 months before applying to the Court for a divorce, you will need to provide evidence that you have been resident in Australia for the past 12 months.
What is the average cost of a divorce or separation in Australia? According to Money Magazine, the average cost is between $50,000 and $100,000 and can take up to 3 years if going through to Court.
When can I remarry? You should not make plans to remarry until your divorce order is finalised (in most cases, one month and one day after the divorce hearing). The divorce process takes time and you should not assume the divorce will be granted at the first court hearing.
A Fast Divorce Process
The fastest way to get a divorce and the one that's most efficient is filing a joint application. Filing a joint application means you don't have to bother with the official and legal serving divorce papers process.
While there is no definite formula to determine what a wife is entitled to in a divorce settlement in Australia, a final decision is made only after the court has heard all the evidence. Divorce entitlement is usually circumstantial, however, a property settlement made prior can have an effect.
Remarrying After a Divorce
It is illegal in Australia to marry someone whilst you are still married to someone else. Therefore, in order to remarry, you first must obtain a divorce Order.
What is grey divorce? This is a term coined for persons divorcing in their later years. However, some couples may not have married, but when separating in their later years, may fall under the de facto provisions of the Family Law Act 1975 (Cth).
Gold Coast is the divorce 'capital'
In 2021, the crude divorce rate in Queensland averaged 2.6 per 1,000 people. There were 56,244 divorces granted in Australia, with 13,475 of divorces being attributed to Queenslanders.
Key findings. The type of job with the highest divorce rate is military work.
We would recommend you end your existing relationship before commencing a new one but appreciate that this ending could just entail “moving out”. This question borders on the realm of relationship advice not legal advice. In short, there is no legal restriction on 'dating'.
If the parties cannot decide how the assets are to be decided, it's left up to the family court to decide. As per the law, there's no strict formula for a divorce settlement in Australia. Contrary to popular perception, there's no 50-50 split rule. It's not that simple since a variety of factors have to be considered.
Both you and your spouse are equally entitled to live in the marital home during separation – ownership of the property is not relevant. Anyone can also leave the marital home during separation but no one can be forced to.
While the Family Law Act 1975 contains provisions that make it harder for claims to be brought against an ex-spouse after twelve months from the date of a divorce (or two years after a de facto relationship separation), an ex-spouse's claim may still be possible, in either scenario.
In Australia, your girlfriend is not automatically entitled to take half of your house. The law requires you to take into consideration any contributions that both of you made to the house, and any future needs either of you may have.
There is no such thing as "alimony". In Australia, we use the term "spouse maintenance". What is spouse maintenance? Spouse maintenance is financial support paid by a party to a marriage to their spouse (or ex-spouse) so that they can adequately support themselves.