Divorce Timeline Overview
The client, located in Victoria, entered into a marriage in 2023 and separated from their spouse just a few months later. They are seeking to understand the requirements for obtaining a divorce under Australian law, specifically inquiring about the necessity of being separated for at least 12 months before commencing divorce proceedings. Their primary concern revolves around the eligibility criteria for divorce given their situation.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkDo I have to stay 12 months separated before getting a divorce?
In Australia, to apply for a divorce, you must be separated from your spouse for a minimum of 12 months. This requirement holds true regardless of the length of your marriage. The separation period is intended to demonstrate that the marriage has irretrievably broken down, which is the sole ground for divorce under Australian law. It is possible for you and your spouse to live under the same roof during this time, but you must provide evidence showing that you were separated during this period.
What steps do I need to take to initiate the divorce process in Australia?
To initiate the divorce process in Australia, you must file an Application for Divorce in the Federal Circuit and Family Court of Australia, which can be completed online. Be sure to include a copy of your marriage certificate with your application. If you lived together after separating, additional evidence showing the separation will be required. After filing, you must serve the divorce application to your spouse unless it is a joint application.
Are there any grounds for divorce other than separation for 12 months?
In Australia, the primary ground for divorce is the "irretrievable breakdown" of the marriage, demonstrated by a separation period of 12 months. There are no other grounds for divorce, such as fault-based reasons, that may exist in other jurisdictions.
How will the short duration of my marriage affect the divorce proceedings?
The short duration of your marriage in Australia will primarily impact the financial settlement aspect of the divorce proceedings. Since the marriage lasted only a few months, the court may consider it a short marriage, which can affect property division and spousal maintenance. The court aims to return both parties to their financial positions before the marriage, taking into account any contributions made by either party during the marriage.
Are there any potential financial implications or obligations I should be aware of as we proceed with the divorce?
In the context of a short marriage in Australia, financial implications may involve property settlements and possible spousal maintenance considerations. The Family Court evaluates contributions from both parties during the marriage when dividing assets, even if the marriage was brief. It's crucial to consider any joint assets or debts during this time.
