How long does it take for divorce in Sydney?

February 23, 2022
NazarianLaw
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Research by the Australian Institute of Families has shown that people between the ages of 25 and 30 are most likely to get divorced.

Following them in this category were couples aged 45 to 50 years. Most divorces occur in marriages that have lasted less than 9 years.

In general, divorce lawyers think that Sydney divorce laws are a fairly simple process that takes less than three months if you meet all the criteria. Before you begin divorce litigation, consider the following:

  • Are you an Australian citizen? If not, have you been in Australia in the last 12 months and are you going to live here permanently?
  • Have you lived apart from your ex-spouse for more than 12 months, either in separate houses or under the same roof?
  • Do you have a marriage certificate in English?
  • If you have been married for less than two years, then you should also consider whether you have tried family therapy and whether you have a certificate confirming this or a statement why therapy is not suitable for you.
  • Do you have a former spouse’s address?

Under Australian law, married couples must have lived separately for at least 12 months before filing for divorce. In Australia, you do not need the consent of the other party to file for divorce. However, a copy of the petition for divorce must be provided to the other party.


How to submit a divorce application to the other party?

If you do not know where the other person is, you must take reasonable steps to locate them, and you can always ask the court to deliver statements in a different form. For example:

  • If you know that a person is still in contact with his brother or sister, or with some other family member, and you have done everything possible to find him, but could not find the address, then you can always ask court permission to deliver the application through this family member.
  • You can make the same request if you have an email address or if you found him or her on Facebook.
  • You can always call a lawyer for help. A Sydney divorce lawyer will give you advice.


How to apply for a divorce?

Couples who have been separated for more than 12 months may file their application through the Federal Circuit Court.

However, if you lived separately but under the same roof, then you must attach to your request a statement called an affidavit that includes the date the relationship ended, your explanation of why you believe the relationship ended on that date and also comparing how you lived before the breakup of the relationship and how you lived after, to show the court the difference in the quality of your relationship.

If you got married abroad, then the family court can dissolve your marriage in Australia. However, a divorce may affect the immigration status of people who are in Australia on a temporary visa.

It is also very important to tell Centrelink if you receive any benefits from them after a breakup.

And to get child support, if you have children, you must contact the child support service, which will make the appropriate calculations. If you receive family tax benefits and have not filed for child support, then your payments may be cut.

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