Guide to Divorce - The Basics of Getting Divorced in Australia

GUIDE TO DIVORCE IN AUSTRALIA: STEP 1 THE BASICS
Our Guide to Divorce articles helps you answer the question "How do I get divorced in Australia". This article covers the basics of divorce, answers some common questions and give you an overview of the entire process. 

What is Divorce?

Divorce is the legal dissolution of a marriage. In other words, it is the official legal termination of a marriage.

When most people think of divorce, they think about property settlement and parenting arrangements. Divorce is a completely different and separate issue. You can make arrangements for children or finalise property settlement with or without being divorced. Similarly, you can get divorced without finalizing your property settlement or parenting matters.

Divorce may be a simple concept, but you should be aware that it has significant legal implications, including:

a. Once a divorce Order is granted, you or your former partner only have 12 months to bring an application for property settlement or spouse maintenance, without leave (permission) of the Court; and

b. Until you are divorced, your former partner remains your ‘legal spouse’. This has consequences for your estate if you were to pass away. It also means you are unable to remarry.

How does the Divorce process work in Australia?

1. Get ready to apply for divorce? – Read our comprehensive guides for each step.
2. Consult an Advisor
3. Read our Guide on How to Apply for Divorce
4. Serve a copy of documents (if applicable) – https://lawonearth.com.au/learning-centre/view/285/guide-to-divorce-service
5. Attend the Hearing - https://lawonearth.com.au/learning-centre/view/283/guide-to-divorce-the-hearing
6. Consult a lawyer about your property settlement