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The Divorce Process

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Separation usually occurs when one of the parties to a marriage decides that the marriage is over, communicates this to the other party and leaves the family home.

It is possible to be separated under the same roof in certain circumstances.

Process takes at least 1 year.

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When making an application for a divorce it is necessary to file a number of documents with the Court, including the Application for Divorce and the Marriage Certificate.

The Court can only deal with the Application for Divorce if the parties meet certain criteria (known as jurisdictional requirements). When the application is filed the Court will list it in court for a hearing. The application then needs to be served on the respondent spouse at least 28 days before the hearing (42 if overseas) – this can be done by any adult over 18 years old or by post, if the responding spouse agrees to sign a receipt.

Process takes 6-8 weeks.

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The Hearing

We will attend Court on the hearing date and represent you at the hearing. In some cases, you may not be required to attend Court unless you wish to do so.

Provided that the Court is satisfied as to a number of requirements a Divorce Order will be pronounced. This is a provisional decree which means that your divorce will usually not become final until after the expiration of one month.

Process takes 1 month and 1 day.

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The Divorce is Finalised

The divorce normally becomes final one month and one day after the hearing.

Once your divorce becomes final, the Court issues a Divorce Order and your marriage is dissolved. You are free to remarry if you wish to do so.

What now?

Every case requires a different approach. Contact a member of the Watts McCray team to discuss your circumstances and decide what’s best for you.

A dedicated Family Law specialist

Complex cases demand a personalised approach and the expert guidance of a dedicated lawyer. Schedule an initial consultation with a member of the Watts McCray legal team to find out more.

Help with your online application

Questions about the Family Court of Australia online form? Let a member of the Watts McCray team take care of it for you and make sure everything is done correctly.