Divorce is a challenging process, and while you’re managing the emotional aspects, it’s crucial to grasp the legal implications. In Australia, divorce involves legal orders that can significantly impact your future.
This guide aims to clarify the complexities of divorce orders, explaining their effects on your finances and children, if applicable.
Whether you’re considering divorce or already in the process, being informed about these orders is essential. Let’s delve into the details to ensure you understand each step along the way.
What is a Divorce Order in Australia?
A Divorce Order isn’t just a piece of paper; it’s a legal document from the court that officially ends your marriage.
It’s important to understand that applying for a divorce and getting a Divorce Order are two different things. Applying is the first step, but the order is the final result, marking the end of the road for your marriage.
To get this order, you need to meet certain conditions. The main criteria is being separated from your spouse for at least 12 months and one day, showing that there’s no chance of getting back together.
Also read: Change of Name After Divorce in Australia: A Step-by-Step Guide
The Divorce Order Application Process
Alright, now that you know what a Divorce Order is, let’s dive into how to get one.
Step 1: Applying for a Divorce
First things first, you’ll need to apply for a divorce. This involves filling out an application form and lodging it with the Federal Circuit and Family Court of Australia.
You’ll also need to serve the application on your spouse, which essentially means providing them with a copy by procedural rules. In most cases, you won’t need to attend a court hearing unless you have children under 18 or there are other special circumstances.
Also read: World’s Highest and Lowest Divorce Rates 2023: Divorce Rates by Country
Step 2: Applying for the Divorce Order
If the divorce is granted, your Divorce Order will be made available on the Commonwealth Courts Portal one month and one day after the Divorce Hearing. This is the document that officially dissolves your marriage.
Required Documents
To apply for both the divorce and the order, you’ll need a few documents handy. These include:
- Marriage Certificate: You are required to provide a copy of your marriage certificate in English. If your marriage certificate is not in English, both the original and translated copies by a certified Australian translator must be provided.
- Evidence of citizenship, residence or ordinary domicile in Australia: You will need to provide identity documents that prove your eligibility to file for a divorce in Australia, such as a passport, birth certificate, or proof of residency.
- Completed Application Form: This form outlines your personal details, marriage history, and details of any children involved.
Also read: A Comprehensive Guide to Uncontested Divorce in Australia
Step 3: Filing the Application
- Online: This is the most convenient and efficient method. The FCFCOA’s online portal allows you to submit your application electronically.
- Paper: If you prefer a traditional approach, you can submit a paper application at your local FCFCOA registry.
Fees
The filing fee for a divorce application is currently $1,060. Additionally, there may be fees for serving documents or other parts of the process.
What to Expect at the Hearing
At the hearing, a judge will review your application to ensure it meets all procedural and jurisdictional requirements and that appropriate arrangements have been made for children, if applicable. You’ll need to be prepared to discuss the details of your application.
If you are unable to attend the hearing in person, you may be able to participate by telephone or video link. Alternatively, if your application is uncontested and all paperwork is in order, attendance might not be necessary; however, this should be confirmed with the court.
Timeframes for Divorce Orders
Once you’ve been granted a divorce, there’s one more thing you’ll need to do – wait. There’s a mandatory one-month and one day waiting period after the divorce is granted before your Divorce Order becomes final.
Waiting Period
After your divorce is granted by the court, there is a mandatory waiting period of one month and one day before the divorce order takes effect. This waiting period is essential as it allows both parties time to appeal the divorce decision if necessary. Once this period passes without an appeal, the order becomes final, and you are legally divorced.
What is in a Divorce Order?
A Divorce Order is like the full stop at the end of your marriage sentence. It typically includes:
- Your names: Both yours and your former spouse’s.
- The date the divorce was granted: This marks the official end of your marriage, but it becomes final one month and one day later.
Important Note: Your Divorce Order won’t typically dive into financial or parenting matters. Those are separate issues handled through Consent Orders or the Family Court.
What Happens Once the Divorce Order is Finalised?
The finalisation of a divorce order is a significant milestone. It marks the legal end of your marriage and brings about several important changes.
Legal Status: Once you receive the Divorce Order, your legal status changes from married to single. This means you’re no longer legally bound to your former spouse and can move forward with your life independently.
Remarriage: If you wish to remarry, you’re now free to do so. The Divorce Order grants you the legal right to enter into a new marriage.
Other Implications: While the most immediate impact is on your marital status, there can be other implications to consider. For example, the Divorce Order may affect your will, superannuation entitlements, or other legal arrangements. It’s advisable to review these areas and make any necessary adjustments.
Remember, the finalisation of a divorce order signifies a fresh start. While it might feel daunting at first, it also opens up new possibilities. Take the time to understand the changes it brings, seek guidance where needed, and embrace the next chapter of your life.
Don’t Face Divorce Alone – Let Us Help
The complexities of divorce can feel overwhelming, but you don’t have to face them alone. At Justice Family Lawyers, we’re dedicated to guiding you through this challenging process with compassion and expertise.
Our team is here to provide clarity, protect your rights, and ensure a fair resolution. Contact us today for a confidential consultation and take the first step towards a brighter future.
Principal of Justice Family Lawyers, Hayder specialises in complex parenting and property family law matters. He is based in Sydney and holds a Bachelor of Law and Bachelor of Communications from UTS.
