What are the steps of divorce in Australia？

What are the steps for divorce in Australia? How can I speed up the divorce process?

According to the Australian Family Law Act, divorce only means the dissolution of the marriage and does not involve issues such as the division of property or the custody of children. The legal process of divorce is mainly divided into four steps, and the following is a detailed analysis:

Step 1: Confirm whether you are eligible for divorce

In Australia, you can only file for divorce if you meet certain conditions.

1. Authentication

• You are an Australian citizen; or have been lawfully residing in Australia within the past 12 months and intend to continue to reside.

• Provide relevant supporting documents (such as passport and valid visa) to prove your residency.

• Proof of separation

• Spouses need to be separated for at least 12 months plus 1 day before they can file for divorce.

• You will need to provide proof of the date of separation. If you are still living in the same residence, you may be required to provide an affidavit or third-party testimony to prove the separation.

• Proof of marital relationship

• Provide the marriage certificate to the court. If the marriage certificate is in a foreign language, a professionally translated English version is required.

• Child support arrangements

• If you have a child under the age of 18, you need to explain the child's upbringing, education, health and other arrangements.

• The court will assess whether you are properly handling child custody issues, and if there is no consensus, the divorce may be delayed.

• Marriage mediation (only for those who have been married for less than two years)

• If you have been married for less than two years, you must accept marriage mediation and provide proof of mediation.

• If there are special circumstances that cannot be mediated, an affidavit is required to apply for a waiver of the court.

Step 2: Submit a divorce petition to the court

1. Ex parte application

• Only the applicant must sign the application form and submit it to the spouse at least 28 days in advance.

• Documents must be served by post or by lawyer, and the confirmation must be signed for and returned.

• If the other party is unable to serve (such as living overseas, losing contact, etc.), it can apply to the court for alternative service.

• Joint application

• One party fills out the application and provides it to the other party for review and signature.

• If you live overseas, you will need to provide a mailing address in Australia; If you do not have an address, you will need to provide an affidavit explaining why you are using the same address.

Step 3: Appear in court

The court will consider the divorce petition to ensure that both parties meet all the divorce requirements. Normally, you don't need to go to court unless there is a special dispute or objection. If you need to submit a statement of special circumstances (such as separation or loss of contact), it is recommended to appear in court to explain in person.

Step 4: The court issues a divorce order

Once the court approves the divorce, both parties will receive a divorce order. The divorce decree will take effect one month and 1 day after the judgment. During this time, you can still apply to withdraw your divorce petition or, if the judgment is erroneous, to be set aside.

How long does it take to get divorced?

It usually takes several months from the filing of the divorce petition to the effective date of the divorce. Incomplete submissions or lack of necessary documentation may result in delays.

Divorce cycle time

Usually, the entire process of divorce takes 2 to 4 months. This time span includes the filing of the petition, the court hearing, and the final issuance of the divorce decree by the court.

• Processing time after filing a divorce petition: The court will usually start hearing your case within 2-4 weeks of filing a divorce petition.

• Court Hearing and Divorce Order:      The court will generally issue a divorce order about a month after the     hearing, and the divorce order will take effect within 30 days of the  judgment.

If there are any omissions in the application process, unclear evidence of separation, or disputes over child support arrangements, the processing time may be extended.

How to speed up the divorce process?

While the divorce petition must meet the 12-month separation requirement, you can expedite the process by:

• Prepare documents in advance:      Prepare necessary documents such as marriage certificates, separation  certificates, etc., as early as possible.

• Negotiating the division of property and child support: Before filing for divorce, reach an agreement with the other party about property and child issues.

• Consult a lawyer: Consult with a lawyer as early as possible to ensure that your divorce process meets all   legal requirements.

How much does a divorce cost in Australia?

In Australia, the cost of a divorce consists mainly of the court's application fees and lawyer's fees. The details are as follows:

1. Court application fee

• Currently, the court fee for filing for divorce is approximately $1,200 (standard fee in 2023). If your income is low, you can apply for a fee waiver.

• Attorney's fees

• The lawyer's fees depend on the complexity of the case and the lawyer's fees. Generally, the lawyer's fees will include:

• Initial consultation fee: Approximately between $200 - $500.

• Divorce Full-Service Fees: Typically $ 1,500 - $5,000 or more, depending on the complexity of the case.

• Complex issues such as child support or division of property can be more expensive if the case involves complex issues such as child support or property division.

• Other Fees

• If you need to translate documents, hire professional witnesses, etc., additional costs may be incurred.

It is important to note that although a lawyer is not required for divorce itself, it is advisable to hire a lawyer to ensure that your rights and interests are adequately protected if complex property division or child support issues are involved.