Getting a divorce can be a highly emotional and stressful time. At Family Focus Legal, our goal is to make the process as easy as possible. In this article, we dive into frequently asked questions from those seeking a divorce. The information below is general and does not constitute legal advice. If you would like to seek legal advice, please contact us.
1. Do I need to provide a reason for getting a divorce?
There is no requirement under the Family Law Act 1975 to establish “fault” on the part of either party to the marriage, meaning that there is no need to prove a “fault” for the breakdown of the marriage. The only requirement to satisfy is that there has been an irretrievable breakdown of the marriage.
- How long do I need to wait after separation to apply for a divorce?
To be eligible for divorce, you and your former partner must have been separated for a minimum period of 12 months. It is possible to establish that separation has occurred even when the parties remain living under one roof during the 12-month separation period. The 12-month period will be calculated from the date of separation until the date the Application is made.
- How long will I have to wait until I can remarry?
After the Divorce Application is granted, the final Orders granting the divorce will be made available one month and one day following the Divorce Hearing. Once this Order is made available, you will be able to remarry.
- If my former partner and I reconciled after getting divorced, can we remarry?
If you and your former partner do reconcile after the Divorce Order is granted, you are able to remarry. If you reconcile prior to the Divorce Order being finalised, the parties can seek that the Divorce Order be rescinded.
- How long after my divorce is granted do I have to commence proceedings for property settlement with my former partner?
Either party will have 12 months from the date of the divorce to file Court proceedings. It may be possible to seek leave if proceedings are commenced after this period if you can provide a reason as to why there was a delay in filling the proceedings. However, it is within the Court’s discretion to grant or refuse to grant leave.
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