To be eligible to Divorce your spouse, you need to satisfy the following conditions:
• You are legally married;
• You have been separated for a minimum of 12 months;
• You have no reasonable prospect of reconciling with your spouse;
• You and your spouse are Australian Citizens or Residents or regard Australia as your permanent home.
There are some other special conditions that you need to satisfy if you have been married for less than two years, or if you want to have your marriage annulled. If you do Divorce your spouse, it is very important that you reach a property settlement agreement with your spouse (with such agreement to be formalised by way of Binding Financial Agreement or Consent Orders), or apply to the Court for a property settlement, within 12 months after your Divorce. If you do not, you will lose your right to ask the Court for a property settlement, and this may cause you great financial hardship. Only in very limited and special circumstances, will a Court allow a property settlement 12 months after a divorce.
If you find yourself in that position, we can advise you about those circumstances also.
Most people aren’t in a hurry to get Divorced, unless they are wanting to get remarried.
The more pressing issues are parenting Orders and property settlement.
At Freedom law, we generally don’t recommend starting the Divorce process until a property settlement is completed.
Whether or not there are parenting Orders or parenting plans in place, does not affect a person’s right to obtain a Divorce.
A Family Law Court, when dealing with a Divorce, does want to know what is happening with the children, even if there are no formal arrangements in place.
The usual time between applying for a Divorce and receiving a Decree Nisi of divorce is 3-4 months.
It is upon the date of the Decree Nisi of Divorce that you are “Divorced”.