This guide outlines the processes to follow when considering a split with your spouse, with divorce steps you should take to prepare.
Deciding to end a marriage is never an easy choice. It’s a complex and emotional process that requires careful consideration and planning. If you’re considering a divorce in Australia, understanding the steps involved and seeking professional guidance can help ease the transition and ensure a fair outcome for all parties.
Divorce steps to prepare for a split
Seek clarity and support
Before making any concrete decisions, take time for introspection and self-reflection. Consider the reasons behind your desire for divorce and explore whether alternative solutions may be suitable, such as marriage counselling. Talking to friends, family, or a therapist can provide valuable emotional support during this difficult time. This is one of the most important divorce steps.
Separate officially
For married couples opting for a no-fault divorce, a one-year separation period is required. It’s important to take divorce steps to demonstrate your desire to separate permanently. This may include:
- Financial Separation: This includes separating bank accounts, credit cards, and other financial resources.
- Living Arrangements: Moving out and establishing separate residences.
- Physical Intimacy: No longer engaging in sexual relations.
- Access Restrictions: Changing passwords and access to individual accounts and emails.
- Announcing Separation: Informing loved ones about the decision to separate.
If living together during this time is necessary due to financial constraints or childcare needs, additional steps should be taken to demonstrate the intention to separate:
- Separate Bedrooms: Maintaining separate bedrooms and sleeping arrangements.
- Independent Living: Separating grocery shopping, cooking, cleaning, and household responsibilities.
- Limited Social Interactions: Avoiding attending family gatherings as a couple, unless essential for children.
- Notifying Authorities: Informing relevant government departments, such as Centrelink or the Department of Immigration, about the separation.
These divorce steps and actions demonstrate a clear and consistent change in the relationship dynamic, serving as evidence for the Court of the couple’s intent to end their relationship. The Court will consider the time apart and these changes as grounds for legally recognising the separation date.
Gather information and resources
Familiarise yourself with the divorce steps and process — and all relevant legal requirements. The Family Court of Australia website and government resources provide comprehensive information on filing applications, court procedures, and financial considerations. Consulting a family lawyer is highly recommended to understand your legal rights and options.
Address financial matters
Divorce often involves complex financial issues like property division, child support, and spousal maintenance. It’s crucial to gather all relevant financial documents for those divorce steps, including bank statements, tax returns, and property valuations. Consider mediation to reach mutually agreeable financial arrangements outside the courtroom.
Consider child custody arrangements
If you have children, their wellbeing should be the primary focus. Develop a parenting plan outlining living arrangements, child support, and decision-making responsibilities as part of your divorce steps. Prioritise open communication with your ex-partner and seek mediation if necessary to reach an agreement that serves the best interests of your children.
Understand your eligibility for a divorce
Australian law requires specific criteria to be met before a divorce can be granted. You must be:
- An Australian citizen or permanent resident
- Residing in Australia for at least 12 months before filing
- Married for at least two years (unless counselling has been undertaken and a certificate issued)
- Separated for at least 12 months (living separately with no reasonable likelihood of reconciliation)
- Have made suitable arrangements for any children under 18
Be sure to get advice before filing your Application for Divorce as this may have consequences on your financial and property matters because you only have 12 months upon a grant of divorce to deal with your financial and property division.
File for divorce
Once you’ve carefully considered all the divorce steps and options and gathered the necessary information, you can file for divorce online through the Commonwealth Courts Portal. The application requires details about your marriage, separation, financial circumstances, and parenting arrangements.
Serve the application
The application must be served on your ex-partner, either personally or through a registered process server. This process formally initiates the legal proceedings.
Attend Court hearings
Depending on the complexity of your case, court hearings may be required to address disputed matters. Your family lawyer will represent you and make submissions to the court.
Finalisation
Once all issues are resolved and the Judge is satisfied, they will issue a divorce decree (order), legally dissolving your marriage.
Remember, divorce is a personal journey. There is no one-size-fits-all approach. By understanding the divorce steps involved, seeking professional guidance, and prioritising communication and collaboration, you can navigate this challenging experience with greater clarity and confidence.
About Kristy-Lee Burns
Kristy-Lee Burns is a Partner at Owen Hodge Lawyers. Kristy-Lee has managed the Family Law department since 2018. Kristy-Lee has years of trial experience in various complex family law matters involving trusts and commercial matters. Kristy-Lee has expanded her knowledge and experience to include Estate Litigation and Testamentary Trust Wills.
Kristy-Lee has completed a specialist post-graduate program of LLM Applied Masters (with a double major in Family Law and Business Law). Many areas of family law and commercial law intersect so it is important to Kristy-Lee that she identify and strategically advise her clients on these matters. Her trial experience in preparing matters with strict deadlines is also a skill that serves her clients well. Kristy-Lee’s legal knowledge, communication skills and life experience, together with her ability to relate and connect with people in challenging times assists her in building and maintaining excellent client relationships and ongoing referrals. Kristy-Lee also prides herself on mentoring and managing other younger solicitors within the practice.
Whether it is a complex property settlement involving third parties, businesses and trusts, a commercial or estate dispute, Kristy-Lee has the knowledge and expertise to identify the key legal issues whilst advocating in your best interests for a just and equitable result. www.owenhodge.com.au
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