Unfortunately, although the institution of marriage has evolved over time, the commitment people make to marriage seems to have devolved. People end marriages for many reasons. Maybe one partner is bored after many years together, or perhaps a passionate relationship turned into a bad marriage in only a few short months. But whether you’re ending an unhappy 30-year relationship or undoing a spontaneous mistake, the time it takes for a divorce to become final will be the same.
Australian laws, specifically the Family Law Act of 1975, stipulates that there are several periods of time that are required to be satisfied in order to get a divorce. These procedures require that you satisfy specific timeframes before, during, and after your application for divorce. These time stipulations specifically deal with the following:
- Residency. To apply for a divorce in Australia, you must be able to show Australian residency or prove that you have lived here for at least 12 months prior to filing
- Marriage. In order to pursue a divorce in Australia, you must have been married for a period of no less than two years (certain exceptions may apply, but will require an additional application).
- Separation. To apply for a divorce, you must be able to prove that you and your spouse have been separated for at least 12 months. You may be able to oppose a divorce if you’ve been separated less than 12 months, but it requires a specialised application.
- Divorce process. Most divorce procedures last at least four months from the start of an application to the final divorce order but could last longer depending on the circumstances.
- Divorce response. If you need to object to a divorce application or refute facts within the application, you have a limited amount of time to do so. If served in Australia, you must respond within 28 days of when the application was served on you. If served outside Australia, you have up to 42 days to respond.
- Withdraw application. You have up to 90 days to withdraw your application if your situation changes or you decide you’d rather not pursue a divorce.
For more information on divorce proceedings or help keeping track of your schedule, contact us today at (08) 9214 3887. Our experience and dedication is exactly what you need to stay on track and get the divorce you need. Remember, time isn’t always on your side. Call now to start the beginning of the rest of your life.