How long does it take to get divorced?

There is no such thing as a “quicky” divorce in Australia. You must be separated for at least 12 months before you can make an application. If there is an attempted reconciliation during that 12-month period that lasts for 3 months or more then, the 12-month period starts again.

If you have been married for less than two years you must first attempt mediation or marriage counselling before you can apply. Your counsellor will provide you with a certificate confirming your attendance that you must attach to your application. If you cannot attend mediation or counselling for any reason, you must file an Affidavit with the Court outlining the reasons it is not appropriate.

Once you make the application, the Court will allocate a hearing date. If you make the application on your own, you must serve your spouse with the Application at least 28 days prior to the divorce hearing. If it is a joint application then no service is required.

If the application is made jointly or if you have no children under 18 years old, you will not be required to attend the hearing. The order will be made administratively, assuming all filed documents are correct.

If it is a sole application and there are children under the age of 18, you (or your representative) will need to attend the hearing. This can either be in person or via telephone or Microsoft Teams.

Your divorce will only become final one month and one day after the hearing date.

Once you are divorced you have 12 months from that date to sort out your financial settlement.  If you are having trouble doing this you should seek legal advice well prior to the 12 month deadline.