An Application for Divorce is filed and heard and determined in the Federal Circuit and Family Court of Australia. The Divorce Order itself, purely relates to ending the legal marriage. Filing for Divorce is a separate process to finalising a property settlement or making formal arrangements for parenting matters. You can read more about the difference between a separation and Divorce here.
There is technically no limitation period when it comes to filing an Application for Divorce. Some people remain separated for many years, whilst still remaining legally married. Whilst this may suit some people, there are a few key points to consider;
- Whilst you are still legally married, you cannot re-marry;
- You should still need to finalise a property settlement to divide your property;
- If you have children with your ex-spouse, you may still need to make parenting arrangements.
- If you simply remain separated and do not take steps to finalise your property division or obtain a Divorce Order, you will remain financially interconnected with your ex-spouse. This means that your property division may not be finalised for many years after separation and, until your property is finally divided, the period from separation to final division of property will continue to be relevant to how the property is divided. In addition, all your property and financial interests remain susceptible to the final property division, even where purchased many years after separation.
- If you have made a Will in which you appoint your spouse as Executor and/or name them as a Beneficiary, these clauses will continue to have effect, even if you have separated many years earlier. A Divorce Order will cause these clauses of your will to become ineffective.