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The Process:
The following 12 steps are what we recommend you do when you first separate. This will make things easier and clearer now and later on.
Along with these steps there are also some very important financial, property, insurance and health steps as well as steps that should be taken with children and extended family. For the full list of all these steps download our 51 point separation checklist by clicking the button below.
There is no set way in which to separate. In saying that there are certain stages and tasks in the separation process that you may have to complete depending on your circumstances. For example, if you have children under the age of 18 you may need to complete a parenting arrangement. If necessary you may also need to apply for child support.
On the other hand, if you were in a de facto relationship there are certain stages you do not have to complete such as applying for a divorce. Since you were never married there is no need for you to get a divorce. However, you may still wish to do a property settlement and apply for spousal maintenance if you are eligible to do so.
The following separation process is just one of the ways in which you can undertake your separation. For many this is the most logical order to complete these stages, however this may be different for you depending on various factors such as how long you have been separated and if things are amicable.
It's really important to note that divorce is different from a property settlement. A divorce is going to legally end your marriage. A property settlement is going to determine how your property, assets and debts are divided.
In order to get a divorce you first must be eligible to get a divorce in Australia (see below question). Then you must submit an application for divorce to the court. This is a 5 step process:
Once you have completed those steps, the divorce order will come into effect one month and one day after it is made. That is, one month and one day after the hearing date so you can't legally remarry until such time as that order has come into effect.
To be eligible for a divorce you must meet the following 4 point criteria:
A joint application. This is where you and your former spouse will do it together.
A solo application. This is where just you, yourself, sign and file that application.
We always recommend to try a joint application first. This is because of the three extra steps that are involved when doing a sole application.
A joint application is:
You will have to go to court to get a divorce if you are doing a sole application or have children under the age of 18.
You do NOT have to go to court to get a divorce if you are doing a joint application and do not have children under the age of 18.
No you do not need a lawyer, you can complete the divorce application process yourself by completing the following 5 step process.
For full details on the application process download our how to get a divorce guide below.
Financials & Cost:
Upon making an application for a divorce you will need to pay a filing (submission) fee of $930*. If you meet the following eligibility requirements this fee will be reduced to $310*.
If you are eligible for the reduced fee then you will need to provide proof of such. For example, a photocopy of both sides of your health care card.
If you are NOT eligible for the reduced fee but payment of the full $930 would cause you financial hardship then you can make an application for a reduction of payment of divorce or decree of nullity.
* Fees at July 2020
Time:
A divorce usually takes anywhere from 15 months and 2 days to 18 months and 3 days. But be aware, that is not the entire application process. Click read more for the full explaination.
12 months + 1 day + 2 months + 1 month + 1 day
= 15 months and 2 days
NOTE: A divorce is simply legally ending the marriage. So, we are discussing how long it takes to legally terminate the marriage, NOT how long it takes to divide your assets.
The main reason is that you must be separated for 12 months before you can even make an application for a divorce.
You have to be separated for 12 months because the court wants to be certain that there is no chance or reconciliation between you and your former spouse. That there is no chance you will get back together.
Overall the process itself is very quick. It only takes one/ two days to actually complete the application. There could be some delay in serving your spouse if they are not willing to co-sign the application.
You need to be separated for at least 12 months before you can get a divorce. This is going to help show the court that there is no chance of getting back together.
It's really important to note that you can still be separated but living under one roof so if that is your case you'll need to file an affidavit with your application for divorce. An affidavit is a statement that you'll sign and lodge with the court. In the affidavit you have to explain that even though you are living together you consider the relationship to be over.
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