Step-by-Step Guide: How to Divorce in Australia

Divorce is a significant life event that can present emotional challenges, and further requires legal proceedings and formal court documents. Understanding the divorce process in Australia can make this difficult transition smoother and more manageable.

Obtaining advice from a top family lawyer will enable you break down the steps involved in obtaining a divorce in Australia and provide valuable tips for preparing and submitting your divorce application.

Step 1: Understanding Eligibility

Before filing for divorce, it’s important to ensure that you meet the eligibility criteria. To apply for a divorce in Australia, you must meet the following requirements:

1. You and your spouse must have been separated for at least 12 months;
2. There is no reasonable likelihood of reconciliation; and
3. You or your spouse are an Australian citizen, a permanent resident, or regard Australia as your home.

Step 2: Sole or Joint Application?

You are able to apply for divorce either by yourself (sole) or with your spouse (joint). You should contact your spouse before taking any action to see whether they would agree to making the application jointly with you.

The benefit of making the application jointly is that it helps simplifies the process and you are able to jointly meet the cost of filing the application.

If your spouse does not agree to a joint application, you can still proceed solely, you will however need to meet the filing fee and take the necessary steps to make them formally aware that you have made a sole application for divorce.

Step 3: Gather Essential Documents

Before you begin the divorce process, gather the necessary documents, which may include:

1. Marriage certificate;
2. Proof of separation (financial and living arrangements); and
3. Details of children, if applicable.

Step 4: Complete the Divorce Application

To initiate the divorce process, you’ll need to complete the Application for Divorce form, which is completed online through the Commonwealth Courts Portal.

Ensure that you provide accurate and complete information to avoid delays.

Step 5: File the Divorce Application

Once your application is complete, file it with the appropriate court and pay the filing fee. You can lodge the application online or in person at a Federal Circuit & Family Court registry.

The current filing free for a divorce is $1,060, however there is eligibility to be considered for a reduced fee. Should you meet the reduced fee criteria, the filing fee is $350.

Step 6: Serve the Application on Your Spouse

After filing the application, you must serve a copy on your spouse. This step ensures that your spouse is aware of the divorce proceedings. Service can be done by post, in person, or through a process server.
Your spouse can confirm that service has occurred by completing and returning the Acknowledgment of Service form.

Step 7: Response to the Application

The option is open to your spouse to file a response to divorce opposing the application or objecting to the hearing occurring in their absence. Your spouse will need to set out why they oppose the application for divorce, however simply not consenting to the divorce will not be a barrier to divorce being granted.

Step 8: Attend the Divorce Hearing (if required)

In some cases, the court may request a divorce hearing. Attending the divorce hearing is only required if;

1. you have filed a sole application and there is a child of the marriage under the age of 18;
2. you have elected to attend in the application;
3. either you or your spouse has objected to the divorce being heard in the absence of the parties, or
4. the respondent files a Response to divorce opposing the application.

Step 9: Obtain the Divorce Order

If the court is satisfied with the application, a divorce order will be granted. This marks the legal end of your marriage and the divorce come into effect one month and one day after the order is granted.

Conclusion

It is important to remember that divorce does not finalise any arrangements regarding children and finances. These arrangements will need to be determined separately to the divorce however do not prevent the divorce from proceeding unless there are no arrangements in place for the children.

These steps are also a very brief outline of what needs to occur. No two marriages are the same and there are certainly a number of different considerations that need to be made should your circumstances make any of the above steps difficult or impractical. While divorce may seem overwhelming, you can always obtain guidance and advice from a top family lawyer to help you navigate the process with confidence.

To have us assist you in finalising your divorce, contact us at (02) 8379 1892 or by email at info@barkerevans.com.au.