If you are wanting to know, how long does a divorce take in Australia, then you will be happy to know that it takes roughly four months to be legally granted by the court.
If one party disagrees with divorce, the procedure will take longer and produce more stress.
How long does a divorce take in Australia
While you may be tempted to file for divorce as quickly as possible, the time limit for a property and asset split is based on when your divorce gets approved.
When one of the parties to the divorce disagrees with it, or when a disputed divorce occurs, the time it takes to finalise lengthens. The court will put your divorce application on hold if it is completed wrongly.
Can I get married before my divorce takes place in Australia?
When remarrying, make sure you’ve given yourself enough time for your divorce to be finalized and that you’ve waited until your divorce has been confirmed in court. T
his is because it is prohibited in Australia to remarry before a judge has issued a divorce decree.
If you do, your remarriage will be illegal, and you will have committed the crime of bigamy.
Bigamy is when a person marries someone else while remaining married to someone else.
In all Australian states and territories, bigamy is a criminal offense.
The original statute was slightly revised on December 7, 2017, to redefine marriage in Australia as “the union of two individuals to the exclusion of all others, willingly entered into for life.”
The rules and conditions for a legitimate marriage have not changed.
How Long Does Divorce Take After Filing Papers
Filing divorce papers is done after you and your spouse have been separated for at least one year. The length of time you can expect to wait until your divorce is finalised after lodging the application is usually about four months.
However, there are different factors that may make your divorce process last a little longer. Once you have filed for divorce with the court, you will receive a sealed copy back that shows the date of your court hearing.
Changing the date of the court hearing will delay the finalisation of your divorce considerably, so it is important to keep this date free. The court generally notifies you of the date far enough in advance.
During the court hearing, if everything is in order, the court will grant your divorce on the day. The divorce becomes final one month and one day after the date was granted. You will receive a divorce order (formerly known as a certificate of divorce) and will be able to remarry.
Remarrying before the divorce is final is an offence. After filing papers, factors that may delay the divorce include service, insufficient evidence or documents, or the court not being satisfied with arrangements made for children. When seeking a divorce, you must be able to satisfy the court that appropriate arrangements have been made for the care of any children of the marriage. If necessary, you may also seek parenting orders separately from the divorce order.
Depending on your circumstances, you may need to supply the court with certain documents and affidavits. For example, if you and your spouse were living separately and apart while still in the same house, you will need to write an affidavit declaring that you were nevertheless separated for at least 12 months.
However, if everything in your application is satisfactory, you can expect the divorce to be finalised about four months after filing the divorce papers.
What to avoid doing during a divorce
As with practically everything else in life, there are critical errors to avoid.
Failure to make educated judgments will lengthen the divorce process.
No matter how good your coworkers’ intentions are, do not take divorce counsel from family and friends.
If you are wondering, how long does a divorce takes in Australia, then you should definitely seek the advice of a family lawyer.
They will be able to explain your rights under Australian law.
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.