Key Points to Know About Divorce in Australia

Divorce is undoubtedly a challenging and emotional experience for most people. In Australia, many individuals find this process even more prolonged and painful due to a lack of understanding of the local divorce system. This blog post aims to address some common questions Chinese couples may have when getting divorced in Australia, helping you better navigate the complexities of Australian family law.

Divorce = Property Settlement + Child Custody?

Divorce is a separate legal process that simply signifies the end of a marital relationship. It does not automatically include property settlement or child custody arrangements. These matters can be addressed directly after separation, without waiting for the divorce to be finalised.

However, it is crucial to consult a lawyer promptly after divorce to discuss property settlement and child custody. This is because the time limit for property-related claims is only 12 months from the date the divorce order takes effect. If this period lapses, the Family Court will generally not hear the case, and the property will remain with the current owner.

How Long Does the Divorce Process Take?

In Australia, either or both parties must apply for a divorce order from the Family Court. Typically, the final divorce order will be granted at least four months after the application is filed. If one party is overseas or opposes the divorce, the process may take longer.

Valid Reasons for Divorce

Australia operates under a “no-fault divorce” system, meaning reasons such as adultery or abandonment are not considered valid grounds for divorce under the Family Law Act 1975.

To apply for divorce in Australia, you only need to prove:

• The marriage has broken down irretrievably, and you have been separated for at least 12 months.
• The marriage has lasted for at least two years.

If you reconcile for three months or more during the separation period, the 12-month separation requirement will reset.

What If the Marriage Has Lasted Less Than Two Years?

If your marriage has lasted less than two years, you must attend mediation with a court-certified family mediator before applying for divorce. If you or your spouse cannot attend mediation, you must provide a detailed explanation in your divorce application.

Therefore, if your marriage is nearing the two-year mark and there is no urgent need for divorce, we recommend waiting until the two-year period is complete.

How Soon Can You Remarry After Divorce?

Remarrying before the divorce process is finalised is illegal and constitutes bigamy. Generally, you can remarry one month and one day after receiving your divorce certificate.

Can You Divorce in Australia if You Married Overseas?

The Australian Family Court will have jurisdiction over overseas marriages if:

• The applicant is an Australian citizen or permanent resident.
• The applicant considers Australia their permanent home.

If these conditions are met, you can divorce in Australia. You will need to provide your overseas marriage certificate, and if it is not in English, a translated copy must be submitted with your divorce application.

If you have further questions or require legal assistance, please feel free to contact United Associates Lawyers for a detailed consultation.