Applying for Divorce

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It can be difficult for some couples to define how separation came about, or even the date it occurred. Dramatic changes in a person’s life can be accompanied by a haze of mixed emotions, unclear thinking and a lack of direction, making separation and divorce a time where support and guidance are appreciated. Taylor & Scott Family Law experts offer a compassionate approach, while also helping you to understand the opportunities that lie ahead.

How do you apply for divorce in Australia?

Applications for divorce are made to the Federal Circuit Court of Australia. Ours is a ‘no-fault’ system, meaning the only thing you need to prove is your irretrievable breakdown of the marriage. You will also need to demonstrate that you have been living separate lives for at least one year, even if still under the same roof.

If filing for divorce, the court will examine your shared residence if applicable, the present nature of your relationship and if there are proper arrangements in place for any relevant children of the marriage.

A divorce is the legal dissolution of marriage, with applications under Australian law reliant on evidence of one of the following so as to enliven the court’s power to make an order:

You or your spouse is an Australian Citizen by birth, descent or grant of citizenship
You or your spouse live in Australia and have done so for the past year prior to a divorce
You or your spouse consider Australia home and intend to reside here

There are countless reasons people divorce, and although the ‘no-fault’ law holds true, there may be an opportunity to achieve better divorce outcomes with guidance from Taylor & Scott.

How long does it take to get a divorce?

A divorce can only take place after at least a 12-month separation period has elapsed. At that point, either party can file an Application for Divorce with the court, which will then allocate a hearing date of usually 2 – 3 months in the future. If there are children under the age of 18, the court will need to be satisfied that their welfare and care arrangements are in place for housing, health, education and financial support.

Once the court is satisfied, a divorce order will be made and then take effect one after thereafter. It’s worth noting that once the divorce order takes effect, you will have 12 months to apply for property settlement and/or spousal maintenance. At that stage, you should enlist the expertise of Taylor & Scott to ensure you get your fair share of support and finances.

What happens if your spouse won’t sign the divorce papers?

A divorce can still go ahead without mutual agreement as long as you have been separated for at least 12 months. There are very few legal grounds to object to a divorce application. In cases where a stubborn spouse is hampering proceedings or placing obstacles in the path of progress, legal assistance may be required. Taylor & Scott family law experts can assist you in obtaining court orders for a different method of service upon your spouse who may be avoiding personal service or if they are out of the country, for example.

How much will it cost to get a divorce?

The filing fee for divorce application is $865 (as at April 2018), although the true cost of divorce is gauged according to individual circumstances. Additional and ongoing costs during separation and divorce can include property settlement (the division of assets and money), child support payments and spousal maintenance payments, but the professional costs of running strictly only a divorce can be quite modest. It is better to have Family Law experts such as those at Taylor & Scott handle your matter and get it right the first time rather than endure unnecessary delays.

Although Australian divorce laws are designed for fairness, it’s not uncommon to hear dissatisfaction from people who feel maligned. Everything can change almost overnight during a divorce, from residences to finances, and making the adjustment isn’t always smooth sailing. Taylor & Scott are always here to help and if you believe you have a case worth hearing, we are ready to listen and act on your behalf.

How do you apply for divorce in Australia?
Applications for divorce are made to the Federal Circuit Court of Australia. Ours is a ‘no-fault’ system, meaning the only thing you need to prove is your irretrievable breakdown of the marriage. You will also need to demonstrate that you have been living separate lives for at least one year, even if still under the same roof.

If filing for divorce, the court will examine your shared residence if applicable, the present nature of your relationship and if there are proper arrangements in place for any relevant children of the marriage.

A divorce is the legal dissolution of marriage, with applications under Australian law reliant on evidence of one of the following so as to enliven the court’s power to make an order:
- You or your spouse is an Australian Citizen by birth, descent or grant of citizenship
- You or your spouse live in Australia and have done so for the past year prior to a divorce
- You or your spouse consider Australia home and intend to reside here
There are countless reasons people divorce, and although the ‘no-fault’ law holds true, there may be an opportunity to achieve better divorce outcomes with guidance from Taylor & Scott.
How long does it take to get a divorce?

A divorce can only take place after at least a 12-month separation period has elapsed. At that point, either party can file an Application for Divorce with the court, which will then allocate a hearing date of usually 2 – 3 months in the future. If there are children under the age of 18, the court will need to be satisfied that their welfare and care arrangements are in place for housing, health, education and financial support.

Once the court is satisfied, a divorce order will be made and then take effect one after thereafter. It’s worth noting that once the divorce order takes effect, you will have 12 months to apply for property settlement and/or spousal maintenance. At that stage, you should enlist the expertise of Taylor & Scott to ensure you get your fair share of support and finances.
What happens if your spouse won’t sign the divorce papers?

A divorce can still go ahead without mutual agreement as long as you have been separated for at least 12 months. There are very few legal grounds to object to a divorce application. In cases where a stubborn spouse is hampering proceedings or placing obstacles in the path of progress, legal assistance may be required. Taylor & Scott family law experts can assist you in obtaining court orders for a different method of service upon your spouse who may be avoiding personal service or if they are out of the country, for example.
How much will it cost to get a divorce?

The filing fee for divorce application is $865 (as at April 2018), although the true cost of divorce is gauged according to individual circumstances. Additional and ongoing costs during separation and divorce can include property settlement (the division of assets and money), child support payments and spousal maintenance payments, but the professional costs of running strictly only a divorce can be quite modest. It is better to have Family Law experts such as those at Taylor & Scott handle your matter and get it right the first time rather than endure unnecessary delays.

Although Australian divorce laws are designed for fairness, it’s not uncommon to hear dissatisfaction from people who feel maligned. Everything can change almost overnight during a divorce, from residences to finances, and making the adjustment isn’t always smooth sailing. Taylor & Scott are always here to help and if you believe you have a case worth hearing, we are ready to listen and act on your behalf.