In Australia, the time frame of a divorce varies based on the complexity of the case. Every divorce is different, with family dynamics influencing the divorce process heavily. Common separation issues like asset division, child custody, and spousal maintenance all play a role in how quickly the outcome is achieved.
The biggest influencer on divorce timeframes is the necessity for legal or jurisdictional interference. Contested divorces typically take longer than uncontested divorces because the court is required to determine resolution methods. Additionally, Australia’s divorce system operates under the requirement that married couples undertake a 12-month separation period before a divorce application can be filed.
With difficult decisions needed during a vulnerable time, it can be hard to move forward. Hebblewhite Lawyers offers compassionate family law services to ensure your best interests are prioritised throughout the divorce process. Consult our friendly team to talk about how we can help you start fresh.
Divorce Timeframes by Situation
Uncontested Divorce Scenario
An uncontested divorce, also referred to as a joint divorce, does not require the presence of both parties in court to grant the divorce order. In most cases, property settlement, child custody, asset division, and other major issues are mutually agreed upon without additional court hearings. In this scenario, the court only remains involved where the documents are filed and the divorce order is granted.
In NSW, the average uncontested divorce takes between 2 and 3 months, starting from the date that the divorce application is filed with the Federal Circuit and Family Court of Australia. In successful circumstances, an uncontested divorce can be granted a divorce order as soon as 1 month and 1 day after the hearing date, which is set approximately 6 weeks after filing.
Contested Divorce Scenario
In some cases, dispute resolution cannot happen without the intervention of the court. This is known as a contested divorce, where court hearings take place to settle matters of one party opposing the divorce application. Some difficult circumstances that need mutual agreement often include property or asset division, child custody, and spousal maintenance.
A contested divorce can take anywhere between 6 and 12 months, sometimes longer, depending on the level of intervention by the court.
Mediation or Court Proceedings
Not only is mediation suitable for amicable separations, but it is also often a faster and more cost-effective method in comparison to litigation.
Court proceedings can be lengthy, with time and expenses being highly susceptible to the number of hearings involved to settle a case. If either married party disputes the terms of the divorce, the necessity for legal and jurisdictional interference will delay the divorce order until certain issues are resolved fairly. Factors like scheduling hearings and the complexity of the evidence provided can influence the time significantly.
Frequently Asked Questions About Divorce Processes
In Australia, both parties must be separated for 12 months before filing a divorce application with the Federal Circuit and Family Court of Australia.
For an uncontested divorce, it is not necessary to attend a court hearing. The exception is if the married couple has children under 18 or other applications for special orders.
Yes, a married couple can still live under the same roof during the 12-month separation period leading up to the divorce application. However, it is required that both parties supply evidence in an affidavit to prove that a separation has taken place.
Is Divorce the Next Step?
Preparing for a divorce can be emotionally and financially taxing. Consider your well-being and any children involved when commencing this process. You can find out more about the costs associated with divorce applications and other fees that apply in this blog here.
Consider professional guidance by consulting with a family lawyer or mediator to provide you with clarity and direction. Hebblewhite Lawyers is a local Newcastle family law firm that can tailor support and representation to your situation. Our compassionate team understands that every divorce faces its challenges, and their experience and professionalism have always delivered caring legal services. If you’re unsure about your next steps, talk to our friendly team today.
