If you have separated, you may be wondering – how soon can I apply for divorce? In Australia, you can apply for divorce only after you have been separated from your spouse for at least 12 months.
Use our “online questionnaire to determine if you’re eligible for divorce”.
Can we file for divorce before 1 year of separation?
Under the Family Law Act in Australia, there is no way to shorten the 12-month waiting period. This means all separated couples who seek a divorce will have to wait at least 1 year before making an application. If you file your divorce before the 12-month period, the court will reject your application.
Are there any exceptions to the divorce waiting period?
Unfortunately, there are no exceptions to the one-year waiting period. This means that anyone who wishes to apply for divorce will have to first be separated for the minimum 12-month period.
This waiting period will apply in all cases, even in circumstances involving urgency, family violence, international travel, safety issues, or if a party has plans to remarry.
The divorce system in Australia is a ‘no fault’ system.
This essentially means that the reason the parties have separated is not relevant. The only relevant factor is that they have separated on a final basis, and the relationship has broken down irretrievably with no chance of reconciling. If one party’s bad behaviour has caused the divorce, for example, being unfaithful, this will not be a relevant factor in the divorce or allow one party to divorce sooner, before the 1-year period has passed.
In some circumstances, such as unlawful marriages, an earlier termination of the marriage by way of annulment may be possible. This is a technical area of the law, and advice from a family lawyer must be obtained.
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When does the 12-month waiting period start?
The 12-month waiting period for divorce will start from the date that you have separated from your spouse.
Sometimes, it’s not easy to pinpoint a single moment or date when the separation occurred, especially if the relationship had been deteriorating slowly over time. For family law purposes, separation means the point in time that the marriage has broken down irretrievably. In other words, your relationship as a couple has ended on a final basis, and there is no chance you will continue the marriage.
Sometimes, married couples separate but continue living together under the same roof for a period of time. This often happens for practical or financial reasons.
Learn more about separation under the same roof in our earlier article: “Divorce and Separation under the Same Roof”.
How quickly can you get a divorce in Australia?
It will usually take about 3 to 4 months to get a final divorce order after you file your application with the Family Courts. In some cases, a divorce can take longer to be processed if there are special circumstances or delays in your case.
How a family lawyer can help
Our divorce team will work with you to prepare and file your divorce quickly. Our experienced lawyers will help to resolve your divorce as soon as possible.
If you would like to discuss your situation in more detail, you can book a free no obligation phone consultation with one of our lawyers. We assist separated couples across Australia with all aspects of separation and family law.
Booking a consultation
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