Divorce is the legal term given to the termination of a marriage under Australian law. To apply for a divorce from your spouse you must be able to show that you have been separated for a period of at least one year.
Divorce lawyers like Kennedy Spanner are experienced in assisting people through the process of achieving a divorce in a way that minimises the impact on your life and ensures your best interests are always protected.
No fault divorce
Fortunately in Australia we have what is known as a "no fault" divorce system. This means that the parties do not have to point blame at each other or justify why a divorce should be granted other than to demonstrate to the court that the marriage has irretrievably broken down. The 12 month separation period is an important part of that process.
What you need to know
For example, you may wish to resolve arrangements for time with the child/children between you and your former spouse immediately after you separate. You do not need to wait to formally divorce for this to occur. It's critically important that you contact a divorce lawyer to understand your rights and obligations when you are making arrangements for your property settlement and arrangements to spend time with your child/children.
A divorce can be granted whether or not both parties agree so long as there is sufficient evidence of a separation for a year and the Court is satisfied that adequate care arrangements have been made for any child or children of the marriage who still require parental care.
If one or more parties are residing overseas it may still be possible for the Family Court to grant a divorce.
While getting a divorce may seem a daunting prospect, the steps you need to take will be clear with the right advice. Once the Court has granted your divorce it will set a date, usually one month and one day in advance, for your divorce to be final. You are then free to remarry from that date onwards.
The Court sets a date to hear the Divorce Application (we have no control over when the Court set the date, so therefore it is not one month and one day). Once the Court has heard your Divorce Application, the divorce will be granted and a Divorce Order will issue from the Court one month and one day after the initial Court Hearing. Once this Divorce Order has been issued, then you are free to remarry from that date onwards.
It is important to bear in mind that if you are divorced a time limit applies which means you only have one year from the date your divorce takes effect to either finalise your property settlement agreement or commence court proceedings.