Divorce Finalisation Process Under Australian Law

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.

Granting of the Decree Nisi

During the divorce hearing, the court (through the Registrar) will issue a decree nisi if it is satisfied that:

1. The marriage has irretrievably broken down, evidenced by at least 12 months of separation.
2. All procedural requirements, such as proper service of the divorce application and documentation, have been met.

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.

Receiving the Decree Absolute

Once the decree nisi becomes absolute:

• The divorce is finalised, and the parties are legally divorced.
• You will receive the decree absolute by mail. If you do not receive it, contact your solicitor or the court, quoting your file number.
• The parties are then free to remarry.

Important Note: Do not plan a wedding or other formal arrangements until you have received the decree absolute, as delays can occur.

Reasons for Delays

Delays in finalising the divorce can arise if:

• One or both applicants fail to provide accurate or complete information.
• The court requires clarification on specific matters.
• Special circumstances apply, such as issues related to short marriages or counselling requirements.

Divorce for Short Marriages

For couples married for less than two years, additional requirements apply:

1. Mandatory Counselling:

   • Couples must attend counselling to explore reconciliation options.
   • A certificate of completion from the counsellor must be submitted to the court.

2. Exemptions:

   • Counselling may not be required in specific circumstances, such as:
     • A history of domestic violence.
     • A partner’s refusal to attend counselling.

   In such cases, evidence must be provided to the court to justify why counselling was not possible.

3. Potential Delays:

   • The counselling requirement can delay the divorce process if the session is not completed promptly or if the court requires additional evidence.

Final Thoughts

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.