How Long Does It Take For Any Divorce To Get Finalized In Australia?

November 2, 2022    Familylawyers
How Long Does It Take For Any Divorce To Get Finalized In Australia?

Several people undergo divorce each year in Australia and hire lawyers in the process of doing so. If you desire to know how long the divorce process takes in Australia, it is around four months to be legally granted by the court.

This is if there are no delays in the way; if you are looking to know how to get a divorce in WA, you need to read the guide below. In this guide, you will learn how long it takes for a divorce to get finalized in Australia.

How Long Does A Divorce Process Take In Australia?

If you are thinking about how long it takes to get a divorce in Australia, you may need advice regarding child custody and property settlements. Though you may feel tempted to file for a divorce as fast as you can, the time limit for an asset and property split can be based on if your divorce gets approved.

If a party of the divorce does not agree to the divorce or if there is a disputed divorce, more time will take to finalize the process. The court may put aside your divorce application if it is not filled out properly.

What Are The Eligibility Criteria For Divorce?

Before you look to get a divorce from your former spouse, you need to first determine if you are eligible to get a divorce in Australia. To be eligible for divorce, the court needs to be satisfied the:

  • There are adequate arrangements for the care of any child under the age of 18.
  • You and your ex-partner have lived separately for at least a year. In this period, you may have lived in the same residence, but it needs to be separated to meet the requirement.
  • There is no chance that you will resume your married life.

Can You Get Married Before Your Divorce Takes Place In Australia?

When you marry again, you must ensure that you have given adequate time for your divorce to be finalized. It would help if you also had waited before your divorce was confirmed in court. Before you think of getting a divorce in WA, you need to know that it is prohibited to remarry in Australia before a judge has issued a divorce decree.

If you do before that, your marriage will be deemed illegal, and you will have committed the crime of bigamy. Bigamy is when an individual marries another person while remaining married to another one. Bigamy is considered a criminal offence in all Australian states and territories.

What Is The Usual Cost Of Getting A Divorce?

The cost of getting a divorce in Australia is around $2000 if you take the help of a law firm. This is because lawyers’ fees vary, and you always need to get an estimate before investing your money in any services. You also need to pay an application cost of around $940.

You will not be in a better position without proper guidance. This is why in case of serious matters such as a divorce, it is appropriate to seek the help of a professional, even if there is a cost.

What Should You Avoid During A Divorce?

Compared to everything else in life, there are things that you must avoid, even when it comes to a divorce. The divorce process can be lengthened when you cannot make proper judgments. It does not matter how good your coworker’s intentions are, do not take counsel from family or friends.

You need to take the help of an expert lawyer when opting for divorce in Australia. As they are considered experts, divorce lawyers, due to their experience and expertise, can help to explain your rights under Australian law.

What Leads To Delays?

Other than the time taken in the negotiation process or dispute resolution, more time may be taken to prepare documents and acquire signatures. There can also be procedural problems like having trouble serving your former partner, not following the proper steps or not having appropriate paperwork.

The more complex your problems are, the harder it will be for you to receive advice in a short time frame. But instead of rushing your divorce process, you need to take enough time to consider each proposal’s implications.

Divorce can be quite an emotional time in an individual’s life, with people often grieving the loss of their relationship. Making hasty decisions at this time can be the cause of major regret in the future. If mistakes are made, long-term problems might be created.

When Your Former Partner Does Not Want A Divorce From You

As divorce is a stressful and lengthy time in an individual’s life, there are some things that can make the situation worse. The length and stress associated with a divorce can be made worse when a party does not agree that they must get divorced. This can contribute to the lengthening of the process and cause more stress to the concerned people.

When a party does not agree to divorce, this will indicate that there is a contested divorce. Divorce cases that include children can also complicate the process, as there are many things that you need to do in order to satisfy the court before a divorce is granted.

Be Wary Of Bigamy

A problem that mostly comes up when discussing divorce in Australia is bigamy-related issues. Bigamy is the offence of marrying someone else when you are already married to another person. This is considered illegal in Australia, and you must ensure that the court finalizes your divorce before you opt for another marriage.

Contact Family Lawyers Perth WA

If you want to opt for divorce in Australia, you need to know the rules and regulations about divorce in the country. To ensure that the divorce process does not take much time, you must contact Family Lawyers Perth WA to access the best lawyers. These lawyers can help you with all the legal issues related to your divorce case.

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