Do you worry about how divorce will affect your children? An uncontested divorce with children allows you and your partner to separate with less conflict while focusing on the needs of your children.
Even if you agree with everything, some action must be taken. You will need to make care arrangements, discuss child support, and deal with property. This article describes each step in simple terms. It discusses court procedures, parenting plans, paperwork, scheduling, and how to keep things peaceful for your children.
What Is an UncoUncontested divorce with kidsntested Divorce with Children?
Uncontested divorce with children is where both spouses agree to end the marriage. Kids do not stop you from divorce.
Australia has a no-fault divorce system. There is only one ground for dissolution of the marriage which cannot be remedied. In divorce cases, the court does not consider the cause of the split. Before it grants a divorce, it checks that the legal requirements are met and that proper parenting plans exist for your children.
There is no better way to get things done than with a joint application. Both of you fill out the application, review it, and sign it together.
Can You Get a Divorce If You Have Children Under 18?
In Australia, divorce is legal for parents who have children under the age of 18. To ensure that each child’s care, welfare, and development are properly addressed, the court must be satisfied that appropriate arrangements have been made.
However, this does not imply that you must first get a parenting order. In order to determine how your children are cared for, the court merely needs a sufficient amount of facts.
The 12 Month Separation Requirement
You must have been separated for at least 12 months and 1 day by the time you file. No matter whether or not you have children, this applies to you.
- You must at least one of you decide the marriage is over and inform the other.
- Living under one roof does not mean you cannot be separated. In most cases, you will need extra evidence, like an affidavit.
- The 12 months do not reset if you are back together for a short while (up to 3 months). But that does not count towards them.
You must also be linked to Australia. At least one partner must be an Australian national, live in Australia full-time, or have been married here for 12 months before filing.
What the Court Needs to Know About Your Children
When applying for an uncontested divorce with children, you must provide information about the children of the marriage who are under 18. All children in your family, either adopted or raised by you, are included in this category. You will need to say:
- Where each child lives.
- How much time they spend with each parent, and how they stay in touch.
- Their education and health arrangements.
- How their financial needs are met.
Make sure the details you provide are accurate and up-to-date. If you cannot provide something or the arrangements are unclear, the court may ask for more information.
Why Divorce and Parenting Arrangements Are Two Different Legal Matters
One important point about an uncontested divorce with children is that divorce and parenting arrangements are two different legal matters. The end of a marriage is marked by a divorce order. Neither does it tell your kids where they live or how much time they spend with each parent.
Since May 2024, the law no longer assumes equal time or shared responsibility. It is important to focus on what is in the best interests of each child individually. So it helps you to plan around your children’s ages, needs, schooling, health and relationships with both parents.
Parenting Plans vs Parenting Orders in an Uncontested Divorce with Children
There are some significant differences between a parenting plan and a parenting order. It may influence which choice is most suitable for your situation. Parenting plans are generally less formal and are cheaper than parental orders.
| Comparison | Parenting Plans | Parenting Orders |
| Definition | A written agreement between parents describing plans for their children’s care upon separation. | A formal court order sets out parenting responsibilities for children. |
| Court Involvement | No court approval is required. | Must be made or approved by the court. |
| Parental Agreement | Both parents must agree to the plan. | The decision can be made by parental consent or by a court if the parents cannot agree. |
| Cost | Generally less expensive because court proceedings are unnecessary. | Can be more expensive, particularly when court proceedings are contested. |
| Time Required | Usually quicker to prepare and finalise. | May take longer, especially when a court hearing is required. |
| Main Advantage | Affordable, quicker and more flexible. | Provides legal certainty and enforceability. |
| Main Disadvantage | Has no direct legal enforcement if the agreement is not followed. | Can involve higher costs, delays and less flexibility. |
Family Dispute Resolution During an Uncontested Divorce with Children
Usually, you have to try family dispute resolution (FDR) before going to court for parenting orders. A certified practitioner guides you through the issues. There are several exceptions, such as domestic violence and emergency cases. FDR is also a low-cost approach to developing a parenting plan, even if you never appear in court.
Property and Money: Watch the 12 Month Deadline
Divorce does not distribute property or determine spousal maintenance. Once your divorce is finalized, you have 12 months to file for a property settlement or spousal support. After that, you will need court approval. De facto couples have 2 years after separation.
Once you have reached an agreement on how to divide the property, you can request that the court formalize it through consent orders. This protects you both. Many parents miss this deadline, so mark it on your calendar.
How to Apply for an Uncontested Divorce with Children
The Commonwealth Courts Portal is where you can send your application. You can apply to the Family Court of Western Australia if you live in WA, or the Federal Circuit and Family Court of Australia.
Here are the main steps.
Step 1: Check your eligibility
Confirm that you have been separated for at least 12 months and 1 day. You must also meet the residency or citizenship criteria.
Step 2: Choose a joint application
They can both apply together if both agree. One spouse can complete the application and send it to the other spouse for inspection and signature.
Step 3: Gather the required documents
Your marriage certification and other proof may be needed. The marriage certificate might need to be proofread if it is not in English.
Step 4: Provide information about your children
Give details about their living arrangements, education, health, and finances.
Step 5: File and pay the fee
Apply on the site. The court’s charge is $1,170. Both applicants must qualify for a combined application. Applying alone requires serving your spouse on the paperwork. This must be done 28 days before the hearing in Australia or 42 days overseas.
Step 6: Attend the hearing if required
Most candidates need not attend. The court may order you to appear if your spouse disagrees or it wants more info. You can normally attend by video or phone if asked.
How Long Does an Uncontested Divorce with Children Take?
The court will usually set up a hearing between 6 weeks and 4 months after you file. This is determined by the registry and your application.
If the court grants the divorce, it becomes final 1 month and 1 day later. There is no legal end to the marriage on that date as far as the law is concerned. Do not remarry until your divorce order becomes final.
The court might take longer if they need more info. Making sure you have all the info at the beginning prevents delays.
When an Uncontested Divorce May Not Be Safe
Parents who are cooperative are more suited to collaborative application and shared mediation. They may not be safe if there is domestic violence or coercive control. If this is your circumstance, consult a lawyer or support provider before applying. Safety comes first.
FAQs
What Does “Uncontested” Mean?
An uncontested divorce means both spouses agree to the divorce and neither opposes the application. It usually involves fewer disputes and a simpler process.
What is the biggest mistake during a divorce?
The biggest mistake in divorce is making emotional decisions without thinking about the long-term effects. Divorce can lead to anger, sadness, worry, and frustration. When people act on emotions, they might agree to unfair financial deals, create unnecessary conflicts, or overlook their children’s needs.
Can You Get Divorced While Still Living Together With Your Children?
Yes. In Australia, you can divorce while living in the same house if you have been separated for at least 12 months. You must provide evidence of your separation.
What Is the Difference Between a Parenting Plan and Consent Orders?
A parenting plan is a written agreement between parents that is not legally enforceable. Consent orders are approved by the court and are legally binding.
Can Parents Agree on Child Support Without Going to Court?
Parents can agree on child support payments without going to court. They can manage payments privately or make a formal child support agreement, subject to legal requirements.
Conclusion
An uncontested divorce with children can reduce the legal process and lessen the complications when both spouses cooperate. In Australia, having children under 18 does not prohibit divorce. The court must also be convinced that you have made adequate provisions for your children’s care, welfare, and development. Filing a joint divorce filing might make the procedure easier. Above all, make decisions that put your children’s well-being and future first.