Yes, in Australia, it is absolutely possible to be divorced (meaning your divorce order, which is equivalent to a “decree absolute” in other jurisdictions, has become final) before you apply for Consent Orders.
Here’s a breakdown of the key points:
- Divorce vs. Property/Parenting Matters: A divorce (or divorce order) is simply the legal ending of the marriage. It doesn’t automatically resolve financial matters (property settlement, spousal maintenance) or parenting arrangements for children. These are separate issues.
- Time Limits for Consent Orders (Financial):
- If you are married, you have 12 months from the date your divorce order becomes final to apply for financial consent orders or commence proceedings in court for a property settlement.
- If you were in a de facto relationship, you generally have 24 months from the date of separation to file for financial consent orders.
- You can apply for financial consent orders before you are divorced, even immediately after separation.
- Parenting Consent Orders: There are generally no specific time limits for applying for parenting consent orders after separation.
- Practicality: Many people choose to finalize their financial and parenting arrangements (through Consent Orders or a Binding Financial Agreement) before applying for divorce. This is often because resolving these practical matters is more pressing. However, it’s also common to apply for Consent Orders after the divorce is final, especially if you have a clear agreement.
- No Fault Divorce: Australia has a “no-fault” divorce system, meaning the court doesn’t consider why your marriage ended. The only requirement for divorce is that you’ve been separated for 12 months and there’s no reasonable likelihood of getting back together.
In summary, while you can get divorced before sorting out your financial and parenting matters, you don’t have to. Many people find it more practical to sort out the practical arrangements first. Just be mindful of the 12-month time limit for financial matters after your divorce becomes final.
It’s always recommended to seek legal advice from a family lawyer to understand your specific situation and ensure you meet all requirements and deadlines.
