You can use amica if you are already divorced, provided that it is appropriate for your timing. It is important to know if any family law time limits apply to you in case they are coming up soon. Check your timing.
Divorce is the legal end of a marriage.
Divorce is different from dividing money and property, and making parenting arrangements, after separation.
You can divide your property and make parenting arrangements before a divorce. However if you are already divorced, time limits can apply if you want to apply to the family courts.
Only a family court is able to issue a divorce order. A family law court will only issue a divorce order where:
- The marriage has broken down and there is no reasonable likelihood that the parties will get back together (this is evidenced by the parties being separated for 12 months), and
- Australian citizenship or residency requirements have been met.
Getting a divorce
You cannot use amica to get a divorce. If you want to get a divorce, you need to apply to the family courts. You can seek legal help about divorce from the free Legal Help Line in your state or territory.
Can I use amica if I am already divorced?
It is important to know if any family law time limits apply to you in case they are coming up soon. Check your timing.