In Australia, divorce, parenting and financial issues, are dealt with separately, so the parties do not need to be divorced before their parenting and financial issues are dealt with.
A divorce involves:
- an Application to the Federal Magistrates Court seeking a divorce order
- the parties need to be separated for at least 12 months before they can apply for divorce
- if during that 12 month period the parties are separated under the one roof, they may still apply for a divorce
- however, they need to provide evidence that the parties were in fact separated
- a divorce becomes final one month and one day after a divorce order is granted, whereupon a divorce certificate will issue
- once a divorce is granted, the parties may remarry.
If the Court is satisfied that the parties were married in the first place, that they have been separated for at least 12 months, and that other jurisdictional requirements are satisfied, then a divorce order is granted.
Divorce in Australia is secular. The parties are entitled to a divorce regardless of their religious beliefs. The only ground for obtaining a divorce is that the marriage has broken down irretrievably. This is evidenced by the 12 months separation.
For assistance with Family Law matters, phone Dominic Wilson, Managing Partner of Craddock Murray Neumann, on (02) 82684000. Our senior Family Lawyer is certified by the Law Society of New South Wales as an Accredited Specialist in Family Law.
Craddock Murray Neumann Lawyers on (02) 8268 4000 for friendly professional service.