Hi, I’m Abbi Golightly, partner at OMB Solicitors and an accredited specialist in family law. In Australia, you can obtain a divorce order 12 months after separation.
In Australia, we have a no-fault divorce system. That means that in order to obtain a divorce order in Australia, all you need to establish is that your marriage has broken down irretrievably and that you have been separated for a period of 12 months.
In Australia, we don’t need to appear for an application for divorce in court should there be no children under the age of 18. If there are children under the age of 18, the court needs to be satisfied that appropriate arrangements are in place for their care, welfare and development prior to granting a divorce order.
Once a divorce order is made, it triggers a time limit in family law, which is 12 months from the date of a divorce order, in order to finalise your property settlement. It is really important that once your divorce is finalised, you make prompt arrangements for the division of your assets.
If you are unable to do so, it is important to obtain advice from a specialist in family law, and if you need assistance in that regard, please contact us here at OMB Solicitors.