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.
To apply for a divorce, you and your spouse must have been separated for at least 12 months and either:
You can apply together in a joint application or on your own using a sole application.
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.
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.
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.
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.
Absolutely fantastic service. Highly recommend. The team at Melbourne Law Studio was very helpful and professional keeping me updated at all stages of the process providing the best of guidance and clarity in my personal matters. Demi was outstanding in the services provided from start to finish, very helpful and insightful with prompt responses to all my queries, making the whole process far less stressful. Thank you Ines, Demi and the team for helping me move on with my life. I would highly recommend Demi and the MLS team as a whole.
Melbourne Law Studio was a beacon of hope during a very challenging time in my life. The staff was empathetic, knowledgeable, and professional. They guided me through every step of my family law matter, providing clear explanations and support. I felt reassured knowing I had a strong team advocating for my rights. I am grateful for their hard work and commitment to achieving a fair outcome.
Going through a separation was one of the toughest experiences, but Melbourne Law Studio made it feel manageable. Even though it could get emotionally overwhelming, I could see a light at the end of the tunnel. Ines was patient, listened to all my concerns, and treated me with respect and kindness. She has a really easy demeanour about her and I felt like her and the team had my back every step of the way. I can’t thank MSL enough for their support.
After my separation, a friend suggested I reach out to Ines at MLS. From the start, she was not only professional but also genuinely supportive and open about the process, costs, and the likely outcomes. Her approach was in line with my goal of reaching a fair and amicable resolution. I’m really grateful for her kindness and attention to detail. Thank you
From the first call I felt like I was in the right hands with Melbourne Law Studio. They were friendly and made me feel heard. Ines and her team went above and beyond to make sure I understood all my options and helped develop a strategy to get the best result in what was a really messy parenting dispute. Their personal approach and genuine care made me feel like I was always welcome to call them and see what was happening or what was next, the waiting sometimes for the other side was hard so I’m truly grateful for that.
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