The effect of a divorce order is to legally terminate a marriage. It frees the parties
to marry again, if they so wish.
Most applications are made to the Federal Magistrates’ Court. There is a registry located here in Albury. It can be quicker to apply to the Melbourne Court. Your divorce order will not take effect until one month and one day after the hearing date. The court will send you a formal certificate at the expiry of that time.
A divorce order has other legal consequences. It will impact the legal effect of your Will unless you have changed your Will to exclude the other party after separation. It will impact upon your ability to claim for a property division or spousal maintenance against your former spouse into the future.
Australia has a no-fault divorce system. The one requirement is that the married couple has been separated for a period of no less than 12 months at the time they sign the Application for Divorce. Couples can be separated under the one roof during that period. Additional evidence to satisfy the court about separation will be needed.
Sometimes parties disagree about the date of separation. There are prior court judgments that may need to be understood to clarify the matter. There are circumstances in which extending the date of separation or divorce can have significant effect.
Where there are children under 18 years, one of the spouses may need to attend court for the actual divorce hearing. If a joint application is made the inconvenience of affecting service or this attendance can be averted. A joint application can, however, prevent an otherwise eligible party from claiming an exemption for the filing fee.
If you are uncertain about the legal effect of your divorce or about what the best approach for your family might be – please feel free to contact our team of family lawyers to discuss.
02 6041 3577
02 6021 8225
601 Olive Street
(PO Box 45)
Albury NSW 2640