Applying for a divorce is a relatively simple process, provided you and your former spouse have been separated at least 12 months and one of you is an Australian citizen or have lived in Australia for the last 12 months.
Divorce applications are relatively straight forward, however there are circumstances that can complicate a divorce such as:
- When you have lived with your spouse under the one roof for some (or all) of the last twelve (12) months, despite being separated;
- Where you may have lost contact with your estranged spouse and do not know how to contact them; or
- You were married overseas in a country where English is not a primary language and your Marriage Certificate is not written in English.
In any of the circumstances above, it is often advisable to obtain independent legal advice as to how you can deal with those factors to obtain a divorce.
In any event, when a divorce is granted, that divorce triggers your time limitation within which you must complete and finalise your property matters. Under the Family Law Act, you have only twelve (12) months from the date of a Divorce Order to finalise your property and spousal maintenance matters, failing which you will be statutorily barred from bringing an application.