What’s the difference between separation and divorce?

This article will provide you general information about Divorce and Separation along with the different stages for applying a divorce in Australia.

What’s the difference between separation and divorce?

Separation is the when one party to a relationship decides that the relationship is over and there is no prospect for reconciliation, and then communicates this decision to the other party.

It is important to know that separation does not need to be a joint decision. Only one person needs to decide that the relationship has come to an end, but it is necessary for the other person to be made aware that the separation has taken place.

You must be separated for 12 months and 1 day before you can apply for divorce.

Majority of the people believe that separation occurs when one of the parties started living in separate residence. However, it is not necessary to live at separate residence as you can tell the Court that you were separated under one roof.

Divorce

Divorce is a legal process whereby a Court dissolves the marriage contract. It changes the legal status of the individuals involved and has a number of immediate effects

The divorce processes

There are two ways under which you can lodge your application: by yourself or jointly with your spouse. It is easier if you are able to cooperate with your spouse and lodge your joint application.

If you file a sole Application for Divorce: You will then need to “serve” the Application on your spouse. Making a sole application also means that you will need to attend Court if there are any children under eighteen who are considered members of your family (including a foster child or step-child).

If you are filing a joint application: For joint application for divorce does not require either party to be served, and there is also no requirement for either party to attend Court.

Time limits

There are important legal deadlines and time limits that apply to separation and divorce in Australia.

In terms of separation, it commences when both parties decide to separate, or one party decides to separate and communicates as much to the other party. It is a requirement that the couple is separated for one year and one day before filing for divorce. For example: If you have separated on 27 April 2022, you can file your divorce on 28 April 2023.

How much does it cost to get a divorce in Australia?

There are several costs associated with obtaining a divorce in Australia.

There are Federal Circuit and Family Court of Australia filing fees which must be paid. Whether you are lodging a joint application or a sole application, the court fees is $940.

When do you get the divorce certificate?

Your decree will be issued one month and one day after the hearing. You can obtain a copy of your marriage decree from your solicitor or via the Commonwealth Courts Portal one day after the decree is issued.

𝗧𝗼 𝗹𝗲𝗮𝗿𝗻 𝗺𝗼𝗿𝗲, 𝗴𝗶𝘃𝗲 𝘂𝘀 𝗮 𝗰𝗮𝗹𝗹 𝗼𝗻 𝟬𝟰𝟱𝟭 𝟰𝟬𝟬 𝟲𝟬𝟭 𝗼𝗿 𝗰𝗼𝗻𝘁𝗮𝗰𝘁 𝘂𝘀 𝘃𝗶𝗮 𝗷𝗮𝘀𝗽𝗿𝗲𝗲𝘁@𝗴𝗼𝗻𝗱𝘄𝗮𝗻𝗮𝗹𝗮𝘄𝘆𝗲𝗿𝘀.𝗰𝗼𝗺.𝗮𝘂 𝘁𝗼 𝘀𝗰𝗵𝗲𝗱𝘂𝗹𝗲 𝗮 𝗰𝗼𝗻𝘀𝘂𝗹𝘁𝗮𝘁𝗶𝗼𝗻 𝘁𝗼𝗱𝗮𝘆.

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