At Rafton Family Lawyers, we are frequently asked this question both at initial consultations and when communicating with clients.
The first thing to point out is that after separation, not every person will proceed directly to divorce. A divorce can only proceed if the parties were legally married at the relevant time and have been separated for 12 months, except in other exceptional circumstances. This is clearly set out in the Family Law Act 1975.
In many situations, a party or persons may separate and may not have been married, or in other situations they may separate and are not able to proceed directly to divorce.
What is a divorce?
A divorce is a dissolution of the marriage, and this can only be provided by a Court with relevant jurisdiction. In Australia, this is the Federal Circuit and Family Court of Australia, colloquially known as the “Family Court,” which was its name before the current amalgamation and rebrand.
Can I separate without divorce?
The answer is yes. Many people separate and never divorce. A separation is a legal process where parties communicate to each other that the marriage and/or relationship is finished and can then start an immediate legal process to work out arrangements for future parenting if they have minor children together or children of the household, and more importantly, for a separation of finances as well as other considerations including estate planning, child support, and other maintenance issues.
The short answer to how long it will take to get divorced depends on:
- If the parties were married and are eligible for divorce;
- How long the parties have been separated; and
- Whether they have already undertaken a property or financial settlement, as it is advisable to undertake this process in a formal legal way before proceeding with a divorce.
As indicated above, a divorce simply allows a person to remarry and, unless there is urgency, is often one of the last steps in the process of separation assistance that we provide at Rafton Family Lawyers by our expert specialist family law team.
These types of questions can be answered at our initial consultation, which can be conveniently booked online or by calling our friendly intake officer for a confidential chat about your rights and entitlements.
Our initial consultations are one-off for a reduced set fee that will outline the next steps for you, and you can then decide if you proceed to engage our firm.
Please contact us for more information at reception@rafton.com.au.