People often wonder how they can get a divorce quickly. This is understandable if the marriage has become untenable and they want to move on as soon as possible. Unfortunately, there’s no such thing as getting a divorce quickly in Australia. However, the Australian divorce process can be faster depending on the circumstances, which the team at Melbourne Law Studio outlines below.
How to Get a Divorce in Australia
To apply for a divorce, you and your spouse must have been separated for at least 12 months and either:
- Be an Australian citizen
- Live in Australia and consider Australia your permanent home, or
- Live in Australia and have done so for a minimum of 12 months before applying for divorce
You can apply together in a joint application or on your own using a sole application.
Tips to Speed Up the Australian Divorce Process
There’s simply no way around the requirement to be separated for 12 months. If you’ve been married for fewer than 2 years, you and your spouse must also attend a counselling session and file a certificate confirming this with the court. There are special circumstances where this is not required, such as if there is family violence involved or you are unable to contact your spouse.
Uncontested joint applications, however, are typically processed much faster than sole applications as it means both parties are in mutual agreement and you don’t need to go to court to resolve issues such as splitting assets.
How Long Does a Divorce Take?
Following the 12 month separation period, you can file your divorce application. It takes around 3 to 4 months for this process to be finalised. Once the application is processed, you’ll receive a divorce certificate that confirms you are legally divorced. Of course, delays can occur if applying as a sole applicant and/or disputes over splitting assets and parenting arrangements arise.
Remarrying Following Divorce
You can remarry as soon as your divorce becomes final. Avoid setting your following wedding date too close to the expected date of your divorce order becoming final. Any delays that arise will prevent the wedding going ahead until the problem is resolved.
Get Help from Our Melbourne Divorce Lawyers
Got more questions about how to get a divorce in Australia? Our team of Melbourne divorce lawyers can help. Book your free 15-minute consultation today with Melbourne Law Studio to find out more. Call us on 03 9021 1421 or contact us online.
