Do we have to go to Court if we're getting a divorce?

There’s a common misunderstanding that your divorce and your property settlement have to happen at the same time.

You are able to file an application for a divorce one year after you separate. Divorce Hearings take place electronically, which means if you need to attend, you can dial in to the Court by phone.

During the 12 months following your separation, you are able to come to an agreement or even commence proceedings in the FCFCOA for a property settlement.

Once your divorce has been granted, you then have a further 12 months in which you can initiate proceedings in the FCFCOA, if you haven’t been able to come to an agreement. If you seek to do that after that 12 months has expired, you need to seek leave of the Court to do so and explain why it is that there has been a delay.

However, in relation to the property settlement, the majority of matters are settled without needing to commence court proceedings.