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qldlawyer
qldlawyer, Solicitor
Category: Australia Law
Satisfied Customers: 13
Experience:  LLB (Hons)
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Good Evening, I am really confused and could do with some

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Good Evening,

I am really confused and could do with some help?!?! I got married in the UK in 2007 and moved to Australia in the same year. In September 2009 I separated from my husband. We have both agreed that we would like to have a divorce but what are the procedures?

How long do we have to wait before we can file for divorce?
There are no disputes regarding who's having what, it is a straight divorce and there is nothing to be sorted out is it just a case of signing the necessary paperwork etc.
Can the paperwork be sorted out and submitted in Australia or will we have to return to the UK to complete the divorce?
How long does a divorce take to complete?

Your answers to these questions will be very much appreciated.

Many thanks for your time,

Kind regards,

Kate
Hello Kate,

To answer your questions:

1. How long do we have to wait before we can file for divorce?

You must be separated for 12 months before you can file an application for divorce.

2. Can the paperwork be sorted out and submitted in Australia or will we have to return to the UK to complete the divorce?

As you reside in Australia you can file for divorce in the Federal Magistrates Court of Australia. There is a divorce kit available on the Family Court of Australia website which can be completed by the parties and filed in the Federal Magistrates Court with the appropriate fee or alternatively you can complete the online form.

3. How long does a divorce take to complete?

If both parties make the application jointly then you should get a hearing date within a few months and if the divorce is granted then it becomes final one month after the date the divorce is granted.
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