If you’re asking the question how long do divorces take in Australia, the process typically takes a minimum of four months from the time you file your application to when the divorce order becomes final.
However, the total timeframe can vary depending on your circumstances, such as whether the divorce is contested, the court’s schedule, and whether all paperwork is completed correctly.
Understanding the Divorce Timeline in Australia
Divorce in Australia follows a clear legal process that aligns with family law and involves several stages. Knowing what to expect can help you better plan your time and prepare for each step.
Step 1: Meeting the Separation Requirement
Before you can apply for divorce, you and your spouse must be separated for at least 12 months. This period demonstrates that the relationship has irretrievably broken down.
During this time, you can still live under the same roof, but you will need to prove that you have been living separately in practical terms — for example, sleeping in separate rooms and handling household responsibilities independently.
Key takeaway: The mandatory 12-month separation period is a key factor that determines when you can start the divorce process.
Step 2: Preparing and Filing Your Divorce Application
Once you’ve completed the separation period, you can file your divorce application with the Federal Circuit and Family Court of Australia (FCFCOA).
- You can apply as a sole applicant or a joint applicant.
- If you are the sole applicant, you will need to serve divorce papers to your spouse.
- Joint applications typically proceed faster since no service of documents is required.
Completing your application accurately and providing the correct supporting documents can help prevent delays.
Key takeaway: Filing a complete and accurate application is the best way to keep the process moving efficiently.
Step 3: Attending the Court Hearing (If Required)
In some cases, you may be required to attend a court hearing.
- Joint Applications: You generally don’t need to attend court.
- Sole Applications with Children Under 18: Attendance is required to ensure proper arrangements are in place for the children.
The court hearing is usually scheduled about six to eight weeks after you file your application.
Key takeaway: Understanding whether you need to attend court helps you prepare for potential delays.
Step 4: The Final Divorce Order
If your divorce is approved, the court will issue a divorce order. This becomes final one month and one day after the court hearing.
For example:
- If your hearing is on 1 June, your divorce will be final on 2 July.
Once the order is finalised, you can download a copy of your divorce certificate through the Commonwealth Courts Portal.
Key takeaway: The divorce is not legally complete until the final order is issued.
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Factors That Can Affect Divorce Timelines
While most divorces follow the typical four-month timeline, some factors can extend the process:
- Incorrect paperwork: Missing information or errors in your application may cause delays.
- Difficulty serving papers: If you cannot locate your spouse, you may need to apply for substituted or dispensation of service.
- Court scheduling: Peak periods or court backlogs can impact hearing dates.
- Disputes over property or parenting matters: While these issues are handled separately from divorce proceedings, ongoing disputes can increase stress and complicate timelines.
Key takeaway: Ensuring your documents are accurate and complete can help you avoid common delays.
Tips for Speeding Up the Divorce Process
If you want to minimise delays in your divorce process, consider the following:
- File a joint application if possible, as it avoids delays caused by serving documents.
- Ensure your application is complete and includes all required information.
- Stay informed about court requirements and deadlines.
- Seek legal advice if you’re unsure about the process or facing complications.
In Australia, the divorce process generally takes at least four months from filing to completion, provided there are no complications.
Starting with the mandatory 12-month separation period and ensuring your paperwork is correct will help keep the process on track.
If you’re dealing with property division or parenting matters, planning for those alongside your divorce can also reduce stress.
