When can I apply for divorce?
Spouses can make an application for a divorce after 12 months and 1 day from their separation date. This can either be a joint application, where both parties make the application together, or a sole application, where one party makes an individual application. To have a successful application in Australia, the marriage must have broken down with no likelihood of getting back together. There is no need to establish that one spouse was “at fault” for the breakdown of the marriage.
What is an Application for Divorce?
Application for Divorce is the process entered into in order to obtain a divorce order, which formally terminates a marriage.
Contemplating a formal divorce can seem a daunting, unfamiliar and cold process. We offer a fixed fee cost arrangement for standard (contact our office for conditions) divorce matters that allows us to undertake the process on your behalf.
Separation and Divorce can impact other aspects of yours and your family’s legal rights.
Some other matters for consideration when contemplating a Divorce are:
- the time limits for making an application for property division or spousal maintenance;
- whether there are any properties held as joint tenants with your spouse; and
- to take urgent action to update your Will, Power of Attorney and beneficiary nominations (i.e. superannuation) to reflect the change in circumstances.
Our solicitors can provide you advice and assist you with all of the above.
Contact our office for further information or to make a time to meet with us.
Do I have to attend my divorce hearing?
It is dependent upon the circumstances outlined in an application as to whether parties are required to attend their divorce hearing. It is also subject to the requirements of the Court in some instances.
However, neither party to a divorce are likely to be required to attend the hearing if the application is made jointly, even if there are children of the marriage under the age of 18 years.
If your application is made solely and there are children under the age of 18 years, it is likely you will be required to attend the hearing.
What are the downsides of not seeking a divorce?
Not seeking a divorce can result in several downsides, including:
- Legal complications: If you are separated from your spouse, but have not obtained a divorce, you may face legal complications in relation to property settlements, financial arrangements, and decision making for any children.
- Emotional difficulties: Living in a state of legal uncertainty can lead to emotional difficulties and stress, particularly if you are trying to move on with your life and start a new relationship.
- Financial implications: If you are separated but not divorced, you may not be able to remarry, and this can have financial implications, particularly if you are relying on your spouse's income or if you are entitled to a share of their estate.
- Impact on children: Not seeking a divorce can also have a negative impact on children, as it can create confusion and uncertainty about their future and their relationship with both parents.
