In Australia, divorce becomes finalised one month and one day after the court grants a decree nisi, at which point it becomes a decree absolute. This process is governed by the Family Law Act 1975 (Cth) and includes specific requirements and timelines that must be followed.
During the divorce hearing, the court (through the Registrar) will issue a decree nisi if it is satisfied that:
The decree nisi indicates the court’s intention to dissolve the marriage, but the divorce is not yet final. The decree becomes absolute after one month and one day unless exceptional circumstances warrant shortening this timeframe.
Once the decree nisi becomes absolute:
Important Note: Do not plan a wedding or other formal arrangements until you have received the decree absolute, as delays can occur.
Delays in finalising the divorce can arise if:
For couples married for less than two years, additional requirements apply:
Mandatory Counselling:
Exemptions:
In such cases, evidence must be provided to the court to justify why counselling was not possible.
Potential Delays:
The process of finalising a divorce in Australia is straightforward in most cases, but specific requirements under the Family Law Act 1975 must be met to avoid delays. Understanding the timeline from decree nisi to decree absolute and complying with additional requirements for short marriages ensures a smoother process. If uncertainties or complications arise, seeking legal advice from a family lawyer is essential to navigate the requirements effectively.
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