Divorce Guide

How Long Does it take to get Divorce in Australia

Surveys say that almost every third marriage in Australia ends up in a divorce. If you are also an Australian couple going through a divorce then here is some information which might be of help to you. Basically the process of divorce in Australia is quite simple and well defined but if you get to face some dicey situations then you divorce might take some time.

Divorce in Australia

If you are divorcing in Australia and your case is not into any kind of complications then it is just a simple three step process which is listed as under:

• The first and the foremost step for a divorce in Australia is dissolution of marriage. Dissolution of marriage here means the irretrievable breakdown of marriage. This breakdown should also be evidenced by a separation of 12 months which implies that the household of the two individuals divorcing has been separated.
• The second issue to be discussed in an Australian divorce is the division of marital assets and maintenance of the dependent. It is always advisable by the court that the couples should amicably make decisions regarding asset division.
• Lastly the issue to be resolved for a smooth divorce proceeding in Australia is the arrangements for the care and custody of the child.

If all these issues are solved my mutual consent of the couple then not much time is taken in an Australian divorce to see its end. After evidencing one year separation, you can go for the court hearing in the coming weeks. After that the couple needs to wait for just one more month and the final decision of the court is declared. In all, a time period of around 14 months from the separation date is the estimated time for a divorce in Australia keeping in consideration that all the circumstances are ideally in the way they should be.

Special circumstances making divorce a time taking affair in Australia

• If the couple is having children/child below 18 years of age and the both the parties of the couple are applying on their ends then the decision of the court may take more time than stated.
• In case the spouse is not traceable the court may take more than the defined period of time to give the divorce judgment.
• If the other spouse is not ready for a divorce then it will actually take a long time to get the divorce finalized.
• If the property issues in a divorce are not settled, then too it might take time for the couple to get divorced.
• If the marriage has not seen two years and the couple is not able to evidence their reconciliation then too, the court does not give orders of divorce.
• If there comes up a situation due to which the court feels that it is not right to give the divorce orders, then also a couple can see delay in the orders of divorce.

So, if you are an Australian couple and want to get divorced in the near future then just be careful about the given points. To get a divorce within 14 months all you need to do is get ready with all the documents and evidences and then there is no court of law which can stop you from getting divorced in just the stipulated period of time.

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