DIVORCE IN AUSTRALIA

 

A list of the steps to follow to get a Divorce

 

An Application for Divorce does not have to be physically filed in Court or posted to the Court for filing. In Australia, you can do your own Divorce Application can be done online over the internet saving time & money.

There is a usual procedure that everyone has to follow to get a divorce in Australia.

 

The Divorce Procedure - Steps To Do

 

A list of each step you will need to follow to get divorced is:

  • If you are eligible (meet the required criteria) (?)then an Application for Divorce can be prepared. 

  • The Application can be by one person (a sole Application), or it may be a joint Application made by both spouses.

  • The completed and signed Application for Divorce is filed in the Federal Magistrates Court with a copy of the Marriage Certificate.  If the Certificate is not in English then additional documents must be filed.  If part of the 12 month period was spent separated under the same roof, then Affidavits regarding this must also be filed. 

  • The Application for Divorce is allocated a Hearing date in the Court.

  • If the Application is not a joint Application, the person applying for the divorce must serve a copy on their spouse and then file an Affidavit of Service (as well as an Acknowledgement of Service if appropriate) in the Court.

  • At the Hearing of the Application for Divorce, the Court will grant a Divorce Order (previously called a Certificate of Divorce) if it is satisfied regarding all of the above grounds for divorce and that the other spouse was served.

  • After the Court has granted a Divorce Order, the Court will make the Divorce Order final, one month and one day after the hearing date.  It is only at that time, one month later, that the Divorce becomes ‘final’ and the Court will post the Divorce Order to each spouse.  You cannot remarry until the Divorce Order is final.  It usually takes at least 4 months for a Divorce Order to be issued from when you file an Application. 

If you do not correctly follow all of the procedural steps listed above, the court may not grant the divorce and may adjourn your Divorce Application to another date to give you time to carry out any necessary steps you have not done.

 

If you want to complete an online application for Divorce you can access information on how to do that from the Federal Circuit Court of Australia's website here or here on the Family Court of Western Australia's website for Western Australian applicants.

 

Otherwise you can obtain the Application for Divorce Kit from the Family Law Courts website here or here for Western Australian applicants.

 

The Divorce Service Kit from the Family Law Court's website can be accessed here together with a YouTube video explaining serving divorce papers.

 

Divorce in Australia - More Information

 

Courts do not consider all issues when granting a divorce. The Court will not look at issues of property settlement at all and only ask questions about child support and parenting arrangements in a very brief manner. The issues the Court looks when considering your Application for Divorce at fully explained in our fact sheet What things will a Court want to know to grant a Divorce.

How much your Divorce will cost you and how long it will take to get divorced are important questions you need to know the answer to. We also have a fact sheet explaining How much will a Divorce cost and how long does it take.

You can read information in our fact sheet on What you need to do to be able to apply for a Divorce including information about the requirements to apply, overseas marriages, separations under the same roof and how periods of reconciliation are treated.

If you have been married for less than two years (including the period you have been separated) the court has additional requirements which are detailed in our fact sheet Divorce for Marriages under 2 years duration.

Especially if you are representing yourself you should be prepared for what will happen in Court on the day of your Divorce hearing. Read more in our fact sheet What happens at the Divorce Hearing.

Dealing with the most important issues surrounding your children, finances and property can leave you to overlook some very important legal issues which could affect your children and family. You should also know what is set out in our fact sheet How does Divorce affect your Will, Superannuation, Life Insurance and family after death.

 

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Content By:
Michelle Beatty
MRB LAW

Other Questions answered in the Divorce Section

 

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