In Australia, a divorce takes about four months before it is officially granted by the court. This time is calculated using the date you first filed your application in court until the date when a divorce order is issued by the court.
Applications for divorce should be eFiled online using the Commonwealth Courts Portal online form. This allows you, within the Court's secure website, to access your court file, the ability to eFile and access court orders 24/7. You may prepare your own divorce application or ask a lawyer to do it for you.
What is the average cost of a divorce or separation in Australia? According to Money Magazine, the average cost is between $50,000 and $100,000 and can take up to 3 years if going through to Court.
If the divorce is granted, it will be finalised one month and one day later, unless a special order is made by the Court to shorten that time. You will be able to access your divorce order (proof of your divorce) online via the Commonwealth Courts Portal, the day after it is finalised.
Actually, the family court uses what we call a 4 (or 5) step approach to determine who gets what in divorce or separation. Most commonly, people end up with 60/40 or even 70/30. Rarely they get half.
If the parties cannot decide how the assets are to be decided, it's left up to the family court to decide. As per the law, there's no strict formula for a divorce settlement in Australia. Contrary to popular perception, there's no 50-50 split rule. It's not that simple since a variety of factors have to be considered.
Under the Family Law Act 1975, a person has a responsibility to financially assist their spouse, or former de facto partner, if that person cannot meet their own reasonable expenses from their personal income or assets.
While the Family Law Act 1975 contains provisions that make it harder for claims to be brought against an ex-spouse after twelve months from the date of a divorce (or two years after a de facto relationship separation), an ex-spouse's claim may still be possible, in either scenario.
You have to wait at least six weeks and one day from the date your Decree Nisi was granted before you apply for your Decree Absolute. Only once the Decree Absolute has been granted is your marriage legally over and you can remarry without any legal ramifications.
Domestic violence is one of the most leading reasons for divorce in Australia. It is a serious issue that can have a significant impact on the lives of those affected. Moreover, the Family Law Act recognises the importance of protecting victims of domestic violence.
Do I split the costs with my ex-partner? Some of the costs will be your responsibility and some costs may be shared. For example, paying for a mediator would be a shared cost, whereas you would be required to pay your own legal costs unless a court ruling says otherwise.
Usually, parties who are involved in family law proceedings pay their own legal costs. However, there are exceptions to this. The Court may order one party to pay the legal costs of another.
Although it may be just one spouse that initiates the divorce, at least under the Family Law Act in Australia, you cannot divorce in secret or refuse divorce from the other. You can, however, make an application for divorce even if the other party does not want a divorce.
Make sure that your relationship is over before you date
Just because you have started divorce proceedings does not mean that you have cut emotional ties with your ex. If you harbour any hope of a reconciliation you are not ready to start dating. You should not date because your ex has moved on and is dating.
When can I remarry? You should not make plans to remarry until your divorce order is finalised (in most cases, one month and one day after the divorce hearing). The divorce process takes time and you should not assume the divorce will be granted at the first court hearing.
While many couples see remarriage as a second chance at happiness, the statistics tell a different story. According to available Census data, the divorce rate for second marriages in the United States is over 60% compared to around 50% for first marriages.
Men Are More Likely to Remarry
This data indicates that men are consistently more likely to attempt a second marriage than women. Over the past decade, there has been a decline in remarriage rates for both men and women.
Superannuation is treated as property under the Family Law Act 1975 but it differs from other types of property because it is held in a trust. Superannuation splitting laws allow superannuation to be divided when a relationship breaks down.
What will happen to my super during a divorce or separation? Essentially, super is considered as property in the event of a relationship breakdown, so like any other asset it can be divided between partners by agreement or court order. This includes marriage or de facto relationships, both heterosexual or same sex.
Superannuation makes up a part of the asset pool, and so, if you find yourself wondering: Is my ex wife entitled to my superannuation? The short answer is yes. If you are married – after a divorce is finalised, your ex wife or partner is entitled to make a claim for your superannuation for up to a year.
The amount of spousal maintenance that is payable is determined by considering a range of factors, including: The income, expenses, and financial resources of each spouse. The age and health of each spouse. The care arrangements for any children of the marriage.
Does Child Support Change if my ex-spouse remarries? No. Only the income of the parents of your children is taken into account in the assessment of your child support payments. Furthermore, a new spouse of a child support payer is not responsible for making child support payments.
You may be able to tell us online when you break up or separate from your partner. This will depend on the type of payment you get. If you can't tell us online, use the separation details form to let us know. You don't need your ex-partner to complete their part of the separation form.