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Timeline for divorce in Australia: what if my partner is already married?

  • October 3, 2023

Home " Legal Blog " Family Law " Timeline for divorce in Australia: what if my partner is already married?

Timeline for divorce in Australia: what if my partner is already married?

When planning to remarry, it becomes crucial to understand the divorce process in Australia, especially if one of the partners is still legally married. How quickly can this issue be resolved?

Typical Length of Divorce Typically, it takes four to five months to obtain a divorce in Australia. This time includes the filing of the petition, the setting of a hearing date approximately 3 to 4 months later, and then another month before the final decree and certificate of divorce are issued. If the impending marriage is planned for only a few months or even weeks, this time may conflict with it.

Is it possible to get a faster hearing date? It is possible to obtain an accelerated hearing date through Your Divorce. With a valid reason and sufficient notice, we can apply to the court for a "shortened hearing date". Basically, this means that the hearing date has been moved up due to specific circumstances, such as an impending remarriage. It is important to remember that the law requires that a divorce petition must be served on the ex-spouse at least 28 days before the hearing. This period can be shortened in exceptional circumstances. This can be facilitated by the co-operation of the ex-spouse, indicating that they agree to the shortening of the time through the endorsement of documents. Our team is well equipped to deal with such requests.

What if the time is shortened? Once a shortened timeframe has been obtained, it is critical that your application be serviced expeditiously once it has been filed in court. We will work with you to develop the best way to proceed based on the location of your former partner and their willingness to co-operate. Their acknowledgement of receipt of documents and acceptance of the "shortened time frame" often paves the way for the divorce to proceed within the shortened time frame.

Can the standard period of one month and one day be shortened before the final judgement? Yes, indeed. Such shortening usually depends on the mutual consent of the parties or if the court registrar, after hearing the case, allows the shortening of the period for serious reasons (e.g. imminent remarriage).

Your Next Steps If you are seeking a swift divorce for pressing personal reasons, contact us at Chua Tan Associates.Our main goal is to make the process as simple as possible. We can't wait to be of assistance to you.

The family law attorneys at Choi, Ching Wai & Associates can help you navigate the complexities involved in family law and provide the best legal advice you canclick hereStart your divorce petition. If you have any questions, you canContact Usfor initial help and guidance.

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