How long does a joint Divorce take?
The total time required to obtain a joint divorce in Australia can be divided into two main phases: the preparation phase and the court processing phase.
1. The Preparation Phase (Before Filing)
- 12-Month Separation Period: This is the most crucial requirement and the most time-consuming part. You and your spouse must have been separated for a continuous period of at least 12 months and 1 day before you can apply. This period can include “separated under one roof.”
- Document Gathering: You’ll need to locate your official marriage certificate and any other required documents (e.g., citizenship papers). If you’re married for less than two years, you must also obtain a certificate from a marriage counselor. This can take a few days or weeks, depending on your circumstances.
Total time for this phase: At a minimum, 12 months and 1 day.
2. The Court Processing Phase (After Filing)
Once you have completed the 12-month separation period and have your documents ready, the court process begins. A joint application is the fastest way to get a divorce through the court system because both parties are cooperative, and there is no need for formal service of documents.
- Filing the Application: We will apply for your divorce online through the Commonwealth Courts Portal.
- Waiting for a Hearing Date: Once the application is submitted and the filing fee is paid, the court will set a hearing date. This typically takes 6 to 8 weeks from the date of Filing, though it can vary depending on the court’s workload.
- The Divorce Hearing: For a joint application, neither party is required to attend court if there are no children under 18. If there are children under 18, the court may still not require attendance; however, it’s essential to check the court’s directions for your specific case. The court reviews the application to ensure all legal requirements are met.
- The Divorce Order is Granted: If the court is satisfied, it will grant the divorce order at the hearing.
- The Finalisation Period: The divorce order does not become final immediately. There is a mandatory waiting period of one month and one day after the order is made. This is to allow for any appeals or to address any issues that may arise.
Total time for this phase: Approximately 3 to 4 months from the date of filing the application.
Summary of Total Timeline
