Navigating the complexities of divorce can be a challenging and emotionally charged experience. Our FAQs aim to provide a helpful resource to guide you through this intricate journey.

My wife and I separated a few months ago. Can I get divorced?

According to the Family Law Act, spouses must maintain a separation period of 12 months before becoming eligible to apply for a divorce. You can be living in separate residences for 12 months, or live separately under the one roof for all or part of the 12 month period.

How long does it take to get divorced?

An application for divorce can take anywhere from 3 to 6 months to receive approval. This is dependent upon the court delays at the time. If you are contemplating remarriage and are not yet divorced, it is advisable to promptly file your application for divorce.

What evidence do I need for my divorce application?

The court will withhold granting a divorce until it confirms that you and your former spouse have undergone a separation period of 12 months. You can attest to this in the application form. If you have been living under the one roof for all or part of that 12 month period,  an affidavit (a sworn statement) will need to be filed. You will also need a third person who has seen the changed living arrangements to swear an affidavit on your behalf. In addition to providing evidence of separation, the court must ensure jurisdiction, proper service of the application to your former spouse, and the establishment of arrangements for any children under the age of 18 years.

How soon can I remarry after the divorce is granted?

A divorce order automatically becomes final one month and one day after the making of a divorce order. Therefore, you are then free to remarry after that time.

For further information and guidance on navigating a divorce visit this page or contact us on 02 9948 3820.


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Phone: 02 9948 3820
Email: reception@dofamilylawyers.com.au