Step 1: Meet the eligibility requirements
Before you can apply for a divorce in Australia, you need to meet certain eligibility requirements. The main requirement is that you and your spouse must have been separated for at least 12 months, with no chance of reconciliation. It’s important to note that you can still be separated while living under the same roof, but you will need to provide evidence to support your claim. You and a third party will need to swear an Affidavit in order to provide this evidence.
In addition to the separation requirement, you or your spouse must be an Australian citizen, or live in Australia and consider it your permanent home. You will also need to provide evidence that you were legally married, such as a marriage certificate. If your marriage certificate is not in
English, you will need it have it professionally translated.
Step 2: Prepare the divorce application
Once you meet the eligibility requirements, you can prepare the divorce application. The application is a legal document that provides important information about your marriage and separation. The divorce application can be completed on ComCourts, the online portal for the Federal Circuit and Family Court of Australia.
The divorce application will ask for personal details about you and your spouse, as well as information about any children you have together. You will need to provide details such as the date and place of your marriage, date that you separated, any previous attempts at reconciliation and the dates that you and your spouse lived together after separation.
Step 3: File the divorce application
Once you have completed the divorce application, you will need to file it online. You will need to pay a filing fee, which is currently $990, or $330 if have a Centrelink Concession or Pensioner Card.
The divorce application can be filed solely (just by you), or jointly (both you and your spouse).
After you file the application, you will receive a court date for your divorce hearing. If you filed a sole divorce application, you will need to serve a copy of the application on your spouse at least 28 days before the court date (and at least 42 days if your spouse is overseas). There are very specific requirements for service of the divorce application on your spouse, which can be found here.
Step 4: Attend the divorce hearing
On the day of the divorce hearing, you will need to attend court if you filed a sole divorce application and you and your spouse have underaged children. If you filed a joint divorce application, or if you and your spouse don’t have children, then you do not need to attend court, although you may if you wish.
At the hearing, a Judicial Registrar or a Deputy Judicial Registrar will review your divorce application and ask you questions about your marriage and separation. The Registrar will also consider any objections or concerns raised by your spouse. If the Registrar is satisfied that you meet the eligibility requirements and that there are no legal or procedural issues, they will grant you a divorce.
It’s important to note that getting a divorce does not automatically resolve issues such as property settlement, spousal maintenance, or child custody. You will need to deal with and finalise these issues separately.Getting a divorce in Australia involves several steps, including meeting the eligibility requirements, preparing the divorce application, filing the application with the court and attending the divorce hearing. If you’re considering getting a divorce, it’s important to seek expert legal advice and support to help you navigate the process. Our experienced family lawyers in Mount Waverley and Ringwood are able to expertly guide you through the entire divorce process and move forward with your life. Contact us for an obligation-free chat on 0421 397 316 or jlok@oikosfamilylaw.com.au.
