Navigating divorce can feel overwhelming when you don’t know what’s ahead. We’ve guided countless clients through this process and understand how important it’s to have a clear roadmap of what to expect.

Every divorce should follow a structured legal process designed to ensure fair outcomes for both parties. While each case has its unique circumstances the fundamental steps remain consistent across most jurisdictions. Understanding these steps helps you prepare emotionally and practically for the journey ahead.

We’ll walk you through each stage of divorce proceedings from the initial filing to the final decree. Whether you’re considering divorce or already in the process knowing what comes next empowers you to make informed decisions and work effectively with your legal team.

Understanding Divorce Eligibility Requirements

Before initiating divorce proceedings in Australia, we must meet specific legal requirements established under the Family Law Act 1975. These eligibility criteria ensure the court has proper jurisdiction to grant your divorce and that all necessary conditions for the irretrievable breakdown of marriage are satisfied.

Separation Period and Proof

The cornerstone of divorce eligibility in Australia is demonstrating a 12-month separation period. This requirement proves the irretrievable breakdown of your marriage to the court’s satisfaction.

Key aspects of the separation requirement:

• Living apart continuously for 12 months before filing

• Informing your spouse of the decision to separate

• Acting on the separation decision through changed behaviours and circumstances

You don’t need formal documentation to start your separation. The process begins when at least one partner decides to end the marriage, communicates this decision, and acts accordingly. Your spouse doesn’t need to agree to the separation.

Separated under one roof situations require:

• Affidavits detailing separate living arrangements

• Evidence of independent financial management

• Documentation showing minimal social interaction

• Proof of separate sleeping arrangements

• Statements from third parties confirming the separation

If reconciliation attempts occurred during the 12-month period, you can still proceed if:

• The reconciliation lasted less than 3 months total

• You resumed separation after the reconciliation attempt

• The total separation period equals 12 months when excluding reconciliation periods

Residency and Citizenship Criteria

Australian courts require specific residency connections to exercise jurisdiction over divorce proceedings. At least one spouse must satisfy these requirements at the time of filing.

You meet residency requirements if you’re:

• An Australian citizen (by birth or grant)

• Living in Australia and regarding it as your permanent home

• Ordinarily resident in Australia for 12 months immediately before filing

Documentation needed includes:

• Australian passport or citizenship certificate

• Permanent residency visa documentation

• Proof of 12-month continuous residence (utility bills, lease agreements, employment records)

For marriages conducted overseas, you’ll need:

• Original marriage certificate or certified copy

• Certified English translation if the certificate isn’t in English (by a professional translator)

• Declaration of marriage validity under Australian law by the court to grant the divorce

Special Considerations for Short Marriages

Marriages lasting less than two years face additional requirements before divorce proceedings can commence. The Family Law Act recognizes that shorter marriages may benefit from professional intervention before dissolution.

Couples married less than two years must:

• Attend counselling with a qualified family counsellor

• Obtain a counselling certificate confirming attendance

• File the certificate with their divorce application

Exemptions from counselling apply when:

• Domestic violence has occurred (requires court application)

• One party cannot be located after reasonable attempts

• Geographic distance makes joint counselling impractical

• Medical or psychological conditions prevent participation

The counselling requirement aims to explore reconciliation possibilities and ensure both parties understand the implications of divorce. Even if reconciliation isn’t achieved, the counselling certificate remains valid indefinitely in support of your divorce application.

Alternative pathways include:

• Filing an affidavit explaining why counselling isn’t feasible

• Seeking court permission to proceed without counselling

• Demonstrating extraordinary circumstances preventing compliance

Remember that property settlement and parenting arrangements remain separate from these divorce eligibility requirements. Meeting these criteria simply allows the court to legally end your marriage, while other family law matters proceed independently.

Preparing for Divorce Proceedings

Proper preparation forms the foundation of a smooth divorce process. We understand that gathering documents and making critical decisions during this emotional time can feel overwhelming, but taking these steps systematically helps protect your interests and expedite the proceedings.

Gathering Essential Documents

Collecting the right documentation before filing streamlines the divorce application process and prevents delays. Your marriage certificate serves as the primary document, and you’ll need the original or a certified copy from the registry office where you registered your marriage. If you can’t find it we can apply for an extract on your behalf. International marriages require additional authentication through apostille or consular certification.

Documentation proving your 12-month separation includes utility bills showing different addresses, rental agreements, or statutory declarations from friends and family confirming your separation date. Couples separated under one roof need affidavits detailing separate living arrangements, including separate bedrooms, finances, and social activities.

Choosing Between Sole and Joint Applications

The type of divorce application you file impacts both the process timeline and court requirements. Joint applications demonstrate mutual agreement and typically process faster, requiring both parties to sign the application together. Neither party needs to attend court hearings unless children under 18 are involved.

Sole applications suit situations where:

• Communication with your spouse has broken down

• Your spouse refuses to cooperate

• Domestic violence concerns exist

• You cannot locate your spouse

Filing solely means you become the applicant while your spouse becomes the respondent. You must arrange formal service of documents, giving your spouse 28 days to respond. Court attendance becomes mandatory if you have children under 18 from the marriage.

Joint applications cost the same filing fee but eliminate service requirements and reduce potential conflicts. The collaborative approach often leads to more amicable property and parenting negotiations later.

Financial and Legal Considerations when lodging divorce proceedings

Understanding the financial implications of divorce helps you make informed decisions throughout the proceedings. The Federal Circuit and Family Court charges a filing fee of $1,060 as of 2024, though reduced fees of $350 apply for healthcare card holders or those experiencing financial hardship.

Legal representation costs vary based on complexity and whether matters proceed to trial. Initial consultations typically range from $300-500, helping you understand your rights and the best path forward prior to proceeding. Many firms offer fixed-fee services for straightforward, uncontested divorces.

Property settlement operates separately from divorce proceedings, and the court considers:

• Financial contributions during the marriage

• Non-financial contributions like homemaking and childcare

• Future needs including earning capacity and health

• Care arrangements for children

Seeking legal advice early protects your interests and clarifies your entitlements. Professional guidance becomes particularly valuable when dealing with complex assets, business interests, or superannuation splits. We help clients understand how Australian family law applies to their specific circumstances, ensuring they’re fully prepared for each stage of the divorce process.

Time limits apply to property settlements – you have 12 months from the divorce becoming final to apply for property orders, but you can apply for property settlement any time after separation. Starting preparations early gives you the best chance of achieving fair outcomes while minimizing stress and legal costs.

The Five Key Steps in Divorce Proceedings

Understanding the divorce process helps demystify what lies ahead and empowers you to navigate each stage with confidence. We’ve identified five essential steps that form the foundation of divorce proceedings in Australia, each building upon the previous to ensure a legally sound dissolution of marriage.

Step 1: Formal Separation

Separation marks the beginning of your divorce journey and occurs when at least one partner decides to end the relationship. You don’t need court approval or legal documentation to separate – it’s triggered by three key actions: making the decision, informing your spouse, and acting on that decision.

Your ex-partner doesn’t need to agree to the separation. Physical separation isn’t mandatory either; you can be separated while living under one roof. In such cases, you’ll need to demonstrate independent living arrangements through:

• Separate sleeping arrangements

• Independent financial management

• Limited social activities together

• Division of household responsibilities

• Minimal personal communication

The 12-month separation period starts from the date these changes take effect. Document this date carefully as you’ll need to prove continuous separation when filing for divorce. Keep records of:

• When you communicated the separation decision

• Changes to living arrangements

• Separate bank accounts or financial records

• Independent social activities

Step 2: Filing the Divorce Application

After completing the mandatory 12-month separation period, you can file your divorce application through the Commonwealth Courts Portal. The application process involves several key components:

Application Types:

• Joint Application: Both parties file together, resulting in faster processing (typically 2-4 months)

• Sole Application: One party files independently, requiring service on the other party

Required Documents:

• Original marriage certificate or certified copy

• Proof of Australian citizenship or residency

• Counselling certificate (if married less than 2 years)

• Affidavit for separation under one roof (if applicable)

• Court filing fee of $1,060 (reduced fees available for financial hardship)

Filing Process:

1. Create an account on the Commonwealth Courts Portal

2. Complete the online application form

3. Upload supporting documents

4. Pay the filing fee

5. Print and sign the application before an authorized witness

6. Submit the witnessed application online

The court assigns a file number and hearing date upon successful filing, typically scheduled 2-4 months from the filing date.

Step 3: Serving Divorce Papers

Service ensures your spouse receives formal notice of the divorce proceedings. This step applies only to sole applications, as joint applications don’t require service.

Service Requirements:

• Serve documents at least 28 days before the hearing (if spouse is in Australia)

• Serve documents at least 42 days before the hearing (if spouse is overseas)

• Use a third party for service – you cannot serve documents yourself

Documents to Serve:

• Sealed copy of the Application for Divorce

• Notice of Application for Divorce

• Marriage, Families and Separation brochure

• Acknowledgment of Service form

• Any supporting affidavits

Service Methods:

1. Personal Service: A process server or authorized person hands documents directly to your spouse

2. Postal Service: Send documents via registered mail with tracking and signature confirmation

Proof of Service:

• Obtain completed Acknowledgment of Service form from your spouse

• File Affidavit of Service if personal service was used

• Submit proof to the court before the hearing date

Step 4: The Divorce Hearing

Most divorce hearings occur electronically via Microsoft Teams, lasting approximately 10-15 minutes. Your attendance requirements depend on your circumstances:

You Must Attend If:

• You filed a sole application and have children under 18

• Your spouse filed a Response to Divorce

• The court requires clarification on separation under one roof

• You’re seeking special orders for service

Hearing Preparation:

• Test your technology setup beforehand

• Find a quiet, private space

• Have all documents readily accessible

• Mute your microphone when not speaking

• Dress appropriately (business attire recommended)

During the Hearing:

The registrar or judge reviews your application to ensure:

• Jurisdiction requirements are met

• 12-month separation is proven

• Proper service occurred (for sole applications)

• Children’s welfare arrangements exist

If issues arise, the court may adjourn the hearing or refer you to a duty lawyer for assistance. Most straightforward cases receive approval immediately.

Step 5: Finalizing the Divorce

The divorce order takes effect one month and one day after the court grants it. This cooling-off period allows either party to appeal if necessary.

Key Dates:

• Hearing Date: Court reviews and approves application

• Divorce Order Date: One month and one day after hearing

• Certificate Available: Downloadable from Commonwealth Courts Portal after order date

Post-Divorce Considerations:

• Remarriage: Only possible after receiving the final divorce order

• Contested Property Settlement via Court: Apply within 12 months of divorce becoming final- after that time expires and you can only use the court if you meet special considerations

• Parenting Orders: No time limit, but address promptly for stability

• Name Change: Update identification documents if reverting to maiden name

• Estate Planning: Review and update wills and beneficiaries

• Insurance Planning: Review and update ownership of policies

• Banking: close joint bank accounts

Important Time Limits:

Remember that divorce proceedings only dissolve the marriage legally. Property division and parenting arrangements require separate applications unless included in consent orders during the divorce process.

Post-Divorce Considerations

After your divorce becomes final, several important administrative and legal matters require attention. We’ll guide you through these essential post-divorce steps to ensure a smooth transition into your new life.

Name Changes and Document Updates

Changing your name after divorce involves more than simply reverting to your maiden name. You’ll need to update numerous official documents and accounts systematically. Start with your driver’s license and passport, as these serve as primary identification for other changes.

Essential documents requiring updates include:

• Driver’s license and vehicle registration

• Passport and citizenship documents

• Bank accounts and credit cards

• Insurance policies (health, life, auto, home)

• Employment records and tax documents

• Property titles and deeds

• Utilities and service accounts

• Social media and email accounts

The process typically takes 2-3 months to complete fully. Obtain certified copies of your divorce certificate, as most institutions require this documentation. Some organizations accept photocopies, while others demand originals. Government agencies like the passport office require specific forms and may charge processing fees ranging from $50-$200.

Create a checklist to track your progress and maintain copies of all correspondence. Notify your employer’s HR department early in the process, as payroll and benefit changes can take several pay periods to implement.

Remarriage Waiting Periods

In Australia, you cannot remarry until your divorce order becomes final. The divorce order takes effect one month and one day after the court grants it. This mandatory waiting period allows time for appeals and ensures the divorce decision is final.

Key timing considerations include:

• Court hearing to divorce order: Immediate granting if approved

• Divorce order to final decree: 31 days

• Final decree to remarriage eligibility: Immediate

Planning a remarriage requires careful timing. Schedule your wedding at least 35 days after your divorce hearing to account for potential delays. International marriages may face additional requirements, as some countries impose longer waiting periods or require specific documentation proving your divorce is final.

You’ll need to present your divorce certificate when applying for a new marriage license. Keep certified copies readily available, as registrars require original documentation. Some venues and celebrants book months in advance, so factor this timeline into your planning.

Handling Property and Financial Settlements

Property and financial settlements form a critical component of divorce proceedings that operates independently from the divorce itself. We understand that dividing assets accumulated during marriage can be emotionally challenging, yet it’s essential to approach this process methodically to ensure fair outcomes for both parties.

Financial records form the backbone of property settlement discussions. We recommend compiling:

• Bank statements from the past 12 months for all accounts

• Superannuation statements showing current balances

• Property deeds and mortgage documents

• Vehicle registration papers and loan agreements

• Investment portfolios and share certificates

• Business financial statements if self-employed

• Tax returns from the past 3 years

Division of Assets and Debts

The property settlement process begins with identifying all marital assets and liabilities. We assist clients in creating comprehensive inventories that include:

Assets requiring disclosure:

• Real estate properties (family home, investment properties, vacant land)

• Financial assets (bank accounts, shares, superannuation)

• Personal belongings (vehicles, jewellery, artwork)

• Business interests and partnerships

• Trust interests and anticipated inheritances

• Superannuation- whether industry fund or self- managed fund

Liabilities to consider:

• Mortgages and home loans

• Personal loans and credit card debts

• Business debts and guarantees

• Tax obligations

Australian courts apply a four-step process when determining property division:

1. Asset pool identification – Calculating the total value of all assets minus liabilities

2. Contribution assessment – Evaluating both financial and non-financial contributions made by each party

3. Future needs analysis – Considering factors like age, health, earning capacity, and care of children

4. Fair distribution determination – Ensuring the division is just and equitable

The court recognizes that contributions vary throughout marriage. A partner who stayed home to raise children receives credit for their parenting and homemaking contributions, while the working partner gets recognition for financial contributions.

Separation Agreements vs. Court Orders

We guide clients through two primary pathways for formalizing property settlements:

Separation Agreements (Binding Financial Agreements)

These private agreements allow couples to determine their own property division without court involvement. Benefits include:

• Greater control over outcomes

• Privacy from public records

• Faster resolution (typically 2-3 months or less)

• Lower costs compared to court proceedings

• Flexibility in crafting creative solutions

To create a legally binding agreement, both parties must:

• Obtain independent legal advice

• Provide full financial disclosure

• Sign the agreement (which meets legal criteria for validity) voluntarily

• Have certificates from their respective lawyers

Court Orders (Consent Orders or Judicial Determination)

When couples cannot reach agreement privately, court intervention becomes necessary. The court process involves:

• Filing an application for property orders

• Mandatory dispute resolution attempts

• Financial disclosure through court procedures

• Potential hearings if agreement isn’t reached

• Final orders issued by a judge

Consent orders offer a middle ground – couples who agree can submit their arrangement to the court for approval without attending hearings. This provides the enforceability of court orders while maintaining some privacy and control. This can assist couples where one does not wish to receive independent legal advice.

Time Limits and Legal Requirements

Critical deadlines apply to property settlements after divorce:

De facto relationships: Applications for property settlement must be filed within 2 years of separation.

Married couples: The 12-month deadline begins from the date your divorce becomes final (one month and one day after the divorce hearing).

Missing these deadlines doesn’t automatically bar property claims, but you’ll need to demonstrate:

• Hardship if orders aren’t made

• Care and responsibility for children from the relationship

• Significant contributions that warrant consideration

Essential legal requirements include:

1. Full financial disclosure – Both parties must reveal all assets, liabilities, and financial resources

2. Valuation of assets – Current market values for properties, businesses, and investments

3. Superannuation splitting – Special procedures apply for dividing retirement funds

4. Tax implications – Understanding capital gains tax and stamp duty consequences

We recommend initiating property settlement discussions during the 12-month separation period rather than waiting until after divorce. Early engagement allows more time for negotiation and reduces pressure as deadlines approach.

Documentation requirements for property settlements include:

• Bank statements (3 years minimum)

• Tax returns and assessments

• Property valuations

• Business financial statements

• Superannuation statements

• Evidence of inheritances or gifts

The complexity of modern financial arrangements often requires professional assistance. We work with financial advisors, accountants, and valuers to ensure accurate asset assessment and optimal settlement structures that minimize tax implications while maximizing each party’s financial security.

Enforcing Settlement Agreements

Property settlements and parenting orders carry legal weight, but enforcement sometimes becomes necessary. When your former spouse fails to comply with court orders or agreements, specific legal remedies exist.

Common enforcement issues include:

• Missed property transfer deadlines

• Unpaid spousal maintenance

• Withheld superannuation splits

• Breach of parenting arrangements

• Hidden assets discovered post-settlement

For property settlements, you can apply to the court for enforcement orders within 12 months of the breach. The court may impose penalties, order compensation, or mandate specific performance. Documentation proving the breach strengthens your case significantly.

Child support enforcement operates through Services Australia (Child Support). They possess powers to garnish wages, intercept tax refunds, and place departure prohibition orders preventing international travel. Private collection arrangements require court intervention if breached.

Enforcement proceedings typically cost $5,000-$15,000 in legal fees, depending on complexity. Courts may order the non-compliant party to pay your legal costs. Seek legal advice promptly when breaches occur, as delays can weaken your position and limit available remedies.

Mediation remains an option before pursuing court enforcement. Many disputes resolve through negotiation, saving time and legal expenses. Document all attempts at resolution, as courts favor parties who demonstrate reasonable efforts to resolve matters privately.

Child Custody and Support Arrangements

Child custody and support represent critical components of divorce proceedings that directly impact children’s wellbeing and financial stability. We understand these arrangements require careful consideration to protect children’s interests while establishing fair obligations for both parents.

Developing Parenting Plans

Parenting plans form the foundation of post-divorce child arrangements in Australia. These written agreements outline specific details about children’s care, including living arrangements, time spent with each parent, and decision-making responsibilities. Parents create these plans privately or through mediation, focusing on practical matters like school pickups, holiday schedules, and communication methods.

Key elements of comprehensive parenting plans include:

• Living arrangements: Primary residence designation and overnight stay schedules

• Time allocation: Specific days, weekends, and holiday periods with each parent

• Communication protocols: Methods and frequency of contact during non-custodial periods

• Decision-making authority: Educational, medical, and religious choices

• Special occasions: Birthdays, holidays, and family events

• Transportation logistics: Pickup and drop off responsibilities

Parents register formal Parenting Plans with the Court by attaching them to Consent Order applications. This registration process creates legally enforceable arrangements, though unregistered plans remain valid agreements between parents. Changes to registered plans require court approval through variation applications.

Child Support Obligations

Child support calculations in Australia follow legislated formulas administered by the Department of Human Services. The formula considers both parents’ incomes, care percentage, and children’s ages to determine payment amounts. Parents with at least 35% care time receive reduced payment obligations reflecting their direct spending on children.

Limited Child Support Agreements allow parents to follow government guidelines while maintaining flexibility. These agreements require both parents’ signatures and Department of Human Services approval. Parents alternatively create Binding Child Support Agreements with different terms, though these require independent legal advice for each party.

Annual reassessments adjust payment amounts based on income changes. Parents report significant income variations immediately to ensure accurate calculations. Non-compliance with child support obligations results in enforcement actions including wage garnishment, asset seizure, and travel restrictions.

Court Intervention When Agreement Cannot Be Reached

Family Dispute Resolution represents the mandatory first step when parents cannot agree on arrangements. Mediators facilitate discussions between parents, helping identify common ground and workable solutions. Courts require certificates from accredited mediators before accepting parenting order applications, except in cases involving family violence or urgent child welfare concerns.

Court proceedings commence when mediation fails or exceptional circumstances exist. Parents file applications with supporting affidavits detailing proposed arrangements and reasoning. The court evaluates proposals based on children’s best interests, considering factors including:

• Child’s wishes: Age-appropriate consideration of preferences

• Parent-child relationships: Existing bonds and attachment quality

• Practical considerations: Work schedules, geographic proximity, and housing stability

• Safety concerns: Any history of violence, substance abuse, or neglect

• Cultural connections: Maintaining religious, cultural, and linguistic ties

Initial court appearances typically involve interim orders establishing temporary arrangements. These orders remain effective until final hearings determine permanent arrangements. Courts encourage ongoing negotiation throughout proceedings, with many cases settling before final hearings.

Final parenting orders create binding legal obligations enforceable through contempt proceedings. Breaching parenting orders carries serious consequences including fines, community service, or imprisonment. Parents experiencing changed circumstances apply for order variations rather than unilaterally altering arrangements.

The court prioritizes children’s safety and wellbeing above parental preferences. Independent Children’s Lawyers represent children’s interests in complex cases, providing objective assessments to assist judicial decisions. Family reports from court-appointed experts evaluate family dynamics and recommend arrangements supporting children’s developmental needs.

When You Cannot Locate Your Spouse

Missing spouses create procedural challenges but don’t prevent divorce proceedings. Australian law provides mechanisms for proceeding when one party cannot be located after reasonable attempts. We help clients navigate these complex situations while meeting court requirements.

The court requires evidence of diligent search efforts before granting dispensation of service. Acceptable search methods include:

Digital searches:

• Social media platforms (Facebook, LinkedIn, Instagram)

• Online directories and electoral rolls

• Email attempts to known addresses

• Internet search engines

Physical searches:

• Last known residential address

• Former workplace locations

• Family members and mutual friends

• Previous landlords or property managers

Official searches:

• Electoral Commission records

• Driver’s license databases (where permitted)

• Centrelink or Medicare (with appropriate authority)

• Professional licensing bodies

Documentation requirements for substituted service applications:

• Affidavit detailing all search attempts with dates

• Copies of returned mail or undelivered correspondence

• Screenshots of online search results

• Written statements from contacted parties

• Private investigator reports (if engaged)

The court may order substituted service through:

• Publication in newspapers (local or national)

• Service on a relative or close associate

• Electronic service via email or social media

• Service at last known address

Timeframes for missing spouse cases extend beyond standard divorces. Allow 2-3 months for search efforts and court applications before the divorce hearing. Courts grant substituted service orders when satisfied that genuine attempts to locate the spouse have failed and further efforts would prove futile.

Special circumstances require careful navigation and proper documentation. We guide clients through these complexities, ensuring compliance with court requirements while minimizing delays in the divorce process.

Conclusion

Navigating divorce proceedings requires patience and thorough preparation at every stage. We’ve explored how each phase builds upon the previous one to create a comprehensive legal framework that addresses all aspects of ending a marriage.

The journey from initial separation to final decree involves multiple legal requirements and deadlines that demand careful attention. Whether you’re dealing with property settlements or parenting arrangements each component requires its own strategic approach and timeline.

Remember that divorce isn’t just about ending a marriage—it’s about establishing a foundation for your future. The decisions you make during these proceedings will impact your financial security and family relationships for years to come.

We encourage you to seek professional legal guidance early in the process. An experienced family lawyer can help you navigate complex requirements while protecting your interests and ensuring compliance with all legal obligations.

Every divorce journey is unique but understanding these fundamental steps empowers you to move forward with confidence. With proper preparation and support you’ll be better equipped to handle whatever challenges arise during this significant life transition.

Contact Littlejohn Legal today for a consultation with our team to see where you stand

Frequently Asked Questions

How long do I need to be separated before filing for divorce in Australia?

You must be separated for at least 12 continuous months before filing for divorce in Australia. This separation period demonstrates the irretrievable breakdown of your marriage. You can live under the same roof during this time, but you’ll need to prove you lived separate lives with independent arrangements for sleeping, meals, and finances.

What documents do I need to file for divorce?

Essential documents include your marriage certificate, proof of Australian citizenship or residency, evidence of 12-month separation, and financial records. If you were married overseas, you’ll need certified translations. For marriages under two years, you’ll also need a counseling certificate. Having these documents ready helps expedite the process.

How much does divorce cost in Australia?

The court filing fee for divorce is currently $1,060 (reduced to $350 for concession card holders). Additional costs include legal representation (if chosen), document certification, and service fees. Property settlements and parenting matters involve separate fees. Total costs vary significantly based on complexity and whether agreements are reached privately.

Do I need to go to court for my divorce?

Not always. If you have no children under 18 or file a joint application, you typically don’t need to attend court. The hearing occurs electronically and takes 10-15 minutes. However, sole applicants with children must attend to demonstrate proper arrangements are in place for the children’s care.

When is my divorce final?

Your divorce becomes final one month and one day after the court grants the divorce order. This is when you can legally remarry. However, property settlement and parenting matters operate on different timelines. You have 12 months from the divorce date to apply for property orders.

Can I get divorced if I don’t know where my spouse is?

Yes, but you must demonstrate diligent efforts to locate them. This includes contacting family, friends, employers, and checking electoral rolls. After exhausting search options, you can apply for substituted service or dispensation of service. The court requires detailed documentation of your search efforts before proceeding.