Applying for a divorce can be a very stressful procedure however if you are aware of the processes involved this can certainly lead to less stress and a better outcome. To apply for a divorce in Australia you can make a divorce application online as long as you meet certain requirements.
The criteria you need to meet in order to apply for a Divorce are:
- You must have separated from you spouse for a least 12 months and the likeliness of your getting back together is non-existent; and
- You are an Australian citizen and have lived in Australia for the past 12 months and consider Australia as your home.
It is important to know that you can apply for a divorce by yourself as a sole applicant or together with your partner as a joint application.
The forms to make a divorce application are available on The Commonwealth Courts Portal. We suggest you print out this Form and write out your details manually on the form.
Once you have completed the Application to Divorce Form you will need to swear or affirm the form is correct in front of a lawyer or a Justice of the Peace.
Filing the Application for Divorce Form
After you have filled in the Application to Divorce Form and had it affirmed by a solicitor you will need to post or hand deliver the signed documents and any other relevant documents to the Family Law Registry along with two copies of each document.
Supporting documents could include a copy of your Marriage Certificate. You may also need to provide a Counselling Certificate if you have been married to your partner for less than two years.
Does my Partner Need to Agree to the Divorce?
The simple answer is no! If your spouse does not agree to the divorce or you cannot find them, you can apply for a divorce as a Sole Applicant.
What Happens after I Apply for a Divorce?
After you hand in your Application and supporting documents to the Family Law Registry you will receive a file number from the Court and a date and time for a hearing.
If you apply as a Sole Applicant then the court will provide you with a sealed copy and you are required to serve the documents on your spouse at least 28 days before the hearing date if your spouse lives in Australia. If your spouse lives overseas you are required to give them 42 days notice. If you are making a Joint Application then you will both received sealed copies of the documents.
How Much Will an Divorce Application Cost?
The fee to file an Application to Divorce is $930. However, there are certain circumstances where this fee can be reduced. If you are eligible for a reduced fee you will need to provide written evidence. For example a photocopy of your Health Care Card.
Do I Need to Go To Court To File for Divorce?
Every application for divorce is different as the circumstances are different for each couple. Court attendance is actually only required if you are a Sole Applicant and there is a child of the marriage aged under 18 years of age or you have indicated that you wish to attend court on the Divorce Application Form.
We do advise that you do attend the Court hearing as you may be required to provide additional supporting documents to explain your circumstances such as separation under the same roof or married for less than two years.
Can Your Family Lawyers Prepare Me for Court?
Yes of course! We have dealt with hundreds of family law matters and our family law solicitors are here to advise you on what to do to get the best outcome for your situation. We understand that every divorce situation is different so if you have specific questions about your situation please get in touch with us BEFORE you go to court so we can help you attend as well prepared as possible.
PHONE 02 4954 8666