How do I get a divorce in Australia?

A divorce is the dissolution of your marriage. It is a separate event from parenting and/or property issues and will often take place at a different time.

You can only divorce if:

  • your relationship has irretrievably broken down; and
  • you’ve been separated for twelve months or longer (that can be under the same roof).

If you make a sole application for divorce, and have children under 18-years-old, you’ll need to appear in court. If you make a joint application, as long as the court is satisfied that there are arrangements in place for the children, you will not have to appear in court.

Where matters are resolved at hearing, the divorce will be finalised one day and one month after hearing.

If your marriage has come to an end the best thing you can do is seek legal advice so that you can determine what the best steps are for you and your family.

After you divorce you have 12 months to file an application for property settlement. If you are nearing this date, please contact Hall Payne to discuss your options. Finalising your property settlement can be much more complex than you may think. You need to take into account superannuation funds, future earning capacity and other issues.

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