10 Common FAQ About Divorce

by Resolve Conflict on October 29, 2019

10 Common FAQ About Divorce - Resolve Conflict Family LawyersAt Resolve Conflict Family Lawyers we’ve seen it all in regards to separation, divorce, property settlements, parenting arrangements, wills and estates. Though divorce is different for everyone, we are always asked similar questions from our clients. For that reason we have decided to compile the top 10 common FAQ on divorce for you.

1. When can I apply for divorce?

Once you are separated from your spouse for a minimum of 12 months and 1 day you are able to file for divorce.

You are able to apply for divorce together (joint application) or on your own (sole application). If you are making a joint application you do not need to go to court.

If you are making a sole application and your children are under 18 and were part of the family prior to separation, you must go to court unless circumstances stop you from attending.

Related Article: Divorce Timeline In Australia

2. What is separation?

Separation occurs the day either or both parties express their intention to end the relationship. From that point onwards one or both parties move out of the home, or otherwise start living separate lives under the same roof.

Related Article: We’ve Decided To Separate, Now What?

3. What if we’ve been living together during the separation period?

You can be separated but living under the same roof which means; separate beds, separate domestic responsibilities, separate social lives. An identifiable change in the relationship you once were in.

4. What if we get back together?

If you and your spouse reconcile for 3 months or more, the 12 month separation period will need to restart and begin again. However if you and your spouse reconcile for a period of less than three months, then that doesn’t impact upon the 12 month separation requirement, although the time you were together cannot be counted towards the 12 months.

5. What are the grounds for divorce?

In Australia, the only grounds for divorce are that the marriage has broken down irretrievably and there is no reasonable likelihood you will get back together.

Related Article: Understanding Australia’s No-fault Divorce

6. What If my spouse doesn’t agree to the divorce?

Consent is not required by both parties. As long as you fit the criteria to apply, one party may initiate the divorce proceedings.

7. How long does it take to get divorced?

If the divorce process is handled efficiently and you meet the eligibility requirements the divorce application can be quickly prepared and filed.

However, obtaining a final Divorce Order generally takes three to four months from the date of filing the application. Note, this process can take longer if there are problems locating or serving the other party.

8. When can I remarry after divorce?

You can remarry once your divorce order has taken effect. This is usually one month and one day after your divorce is granted by the Court. You will need to supply your marriage celebrant with a Notice of Intended Marriage at least one month before the wedding date, so it is advised not to leave too short a gap between the anticipated granting of your divorce and your proposed wedding date, just in case there are any delays in your divorce being granted. Note, it is illegal to remarry until your divorce becomes final.

9. If we got married overseas, can we get divorced in Australia?

Yes, if you were married overseas, you can apply for a divorce in Australia if either you or your spouse:

  • regard Australia as your home and intend to live indefinitely in Australia are an Australian citizen or resident, or
  • are an Australia citizen by birth or descent
  • are an Australia citizen by grant of an Australia citizenship
  • ordinarily live in Australia and have done so for 12 months immediately before filing for divorce.

You must provide the Court with a copy of your marriage certificate. If your marriage certificate is not in English, you need to file an English translation of it, and an affidavit from the translator.

10. Do we have to wait until we’re divorced to finalise the property settlement?

No, in actual fact once you and your partner have separated it’s a good idea to seek a property settlement sooner rather than later. The law regards asset accumulated after separation as relevant to the net assets of each party at the date of settlement or trial so any assets you acquire during this time may be included in the net asset pool to be divided between you and your ex-partner.


Note: This is general information advice only and does not constitute specific legal advice. If you would like further information in relation to this matter or other legal matters, please contact us on 03 9620 0088 or email info@resolveconflict.com.au


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