Please click on a question to view answers.
How long will the online divorce process take?
From sending the divorce application to be filed to you, being issued with the certificate of divorce takes approximately two months. In the first month, your application will be filed with court, served on the other party, and the matter will be heard in court. If the application is granted, it will take one month and one day to become final and the certificate of divorce to be issued.
How long after the divorce can I remarry?
As soon as the one month and one day has expired, you are free to remarry.
Can I still do a property settlement after the divorce?
Upon the divorce being made final, you have twelve months to the day to commence your property settlement.
Do I need to attend the Divorce Hearing?
No, you do not need to attend the divorce hearing if you do not wish to. We will have a representative at the Court on your behalf if so required.
What happens if the other does not agree to the divorce?
You are able to make the divorce application on your own, they do not have to agree to it. We will have professional process server serve them with the filed application so they are aware of the proceedings. We will also file documents with the Court to prove that they were served with the application.
When am I eligible to make an application for divorce?
You can make an application for divorce when:-
- You have been separated for more than twelve months.
- The marriage must be irretrievably broken down.
- There must be no likelihood of you reuniting with your spouse.
Can I make a divorce application even though I am overseas or interstate?
Yes. We prepare all the divorce paperwork and documents in our office and can either post or email them directly to you for you to sign.
Can I make a divorce application even though we were separated but living under the one roof?
Yes. In this situation, you will need two witnesses who will attest that you have been separated and leading separate lives although you are living together.
Can I make an application if it is less than two years since we married?
Yes, although there are strict guidelines on when these applications can be made. Often a certificate from a counsellor will need to be obtained confirming that there is no likelihood of reconciliation.
Does having children under 18 affect the divorce process?
Yes. We will need to ensure that the Court is satisfied that there are adequate arrangements for the children to have contact with both parties for the divorce application to be granted. We will need to have representation at the divorce hearing in this situation.
Can I apply for divorce in Australia if I was married overseas?
Yes. If you:-
- Regard Australia as your home.
- Are an Australian citizen or resident.
- Are an Australian citizen by birth or descent.
- Are an Australian citizen by grant of citizenship.
- Have ordinarily resided in Australia for twelve months previous to filing for divorce.
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