In Australia, parties must have been married for a minimum of two years and be separated for one year before they can apply for a divorce, unless special circumstances apply. The division of assets can be resolved from the time you separate up until a year after your divorce is granted, with some exceptions. Parenting arrangements can be resolved at any time while your child or children remain under the age of eighteen years.

As a general guide, divorce takes about three to four months but a lot of that time is spent waiting for the Federal Circuit and Family Court of Australia to process the application.

The person applying for the divorce pays the associated fees, although your former spouse may choose to share the costs. You cannot force the other party to pay part or all of the divorce costs.

The Federal Circuit and Family Court of Australia is the only body that can grant a divorce, so you must make an application to the court for a divorce. In cases where the application is a joint application or where it is a sole application and there are no children under eighteen years of age, you will likely not be required to physically go to court. If the application is a sole application and there are minor children, you will need to attend either in person or by phone. Divorce hearings usually only take a few minutes, but it is best to block out some time in your calendar in case you are last on the case list.

Yes. In these cases, the Federal Circuit and Family Court of Australia will require evidence that the separation is genuine. You will be required to provide an affidavit, which should include things like a reduction of time spent in shared activities, division of finances, notification of relevant government agencies (eg. Centrelink), and that family and friends are aware of the separation. Your affidavit should also include an explanation for why you continued to live under the same roof.

Yes. You can apply for official parenting orders to formalise any custody arrangement as soon as you are separated.

No. The Federal Circuit and Family Court of Australia does not require that parties provide a reason for a divorce other than that the marriage has broken down irretrievably. This is proven by the parties being separated for one year prior to the application for divorce being lodged.

We recommend that you talk to a lawyer as soon as possible. At Wonderley Family Law, we can help you understand your rights, the divorce process, and expected timeframes. This means that you can enter into discussions with your former spouse with a full understanding of what to expect, making the process smoother for you overall.