The Federal Magistrates Court recently announced changes to the document which is issued after a divorce is granted. The changes were needed to address difficulties encountered by parties using existing Divorce Certificates in overseas jurisdictions. The Court will now issue a new Divorce Order.

What does the new Divorce Order include?

The Divorce Order will be issued one month and one day after the Divorce has been granted by the Court. It will include the names of any children of the marriage and will state that the Court is satisfied that each requirement necessary for a Divorce to be granted has been met and the Divorce Order has taken effect (i.e., it is final).

What does a Divorce Order mean?

Once a Divorce Order has taken effect:
1. You are free to re-marry;
2. If you have been unable to negotiate and finalise a property settlement with your former spouse, there are time frames that need to be met if you wish to commence property proceedings;
3. Any gift in a Will in favour of your former spouse is generally revoked. However, you should review your Will and any existing Power of Attorney/superannuation beneficiary nominations as soon as your personal circumstances change.

How do I apply for a Divorce?

Under Australian family law, you need to be separated for no less than 12 months before you can file an Application for Divorce. There are also other requirements that need to be met relating to care arrangements for children of a marriage.

Divorce can be a complicated process and we can help you to apply for a divorce or with any other aspect of your family law matter.