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How to get a divorce in Australia
A step by step guide
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How to get a divorce in Australia
A step by step guide
In Australia you can get a divorce without spending thousands on lawyers.
With a little help and guidance, you can arrange and manage your own divorce.
STEP 1 - Do you qualify to apply for a divorce?
If you’ve lived in Australia & you’ve been separated for 12 months – and there’s no chance of you getting back together, you’ll probably qualify.
There are some other requirements before you can get a divorce.
Have a look at ‘When can you get a divorce in Australia’ for details of these requirements.
STEP 2
Gather Your Paperwork
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You’ll need a photocopy of your marriage certificate.
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If you don’t have it, you’ll need to obtain a copy.
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You can get one from the Registry of Births, Deaths and Marriages in the State/Territory where you were married. (If you were married overseas, you’ll have to get a copy from the relevant authority in the country where you were married.)
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You’ll need to complete an application for divorce.
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If you’ve been married for under 2 years, you’ll need a counseling certificate.
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If you’ve lived in the same home for part or all of the last 12 months, you’ll need some affidavits to prove ‘separation under one roof’.
STEP 3
Government fees
When you lodge your application for divorce there’s a filing fee payable to the court. In early 2021 it was $930.
This can be reduced considerably if you’re eligible for a fee reduction. In early 2021 the reduced fee was $310.
The fees increase each year around July. Be sure to check before you file. Send us an email and we’ll get back to you with details of all the latest costs.
STEP 4
Sign the divorce application
Your application for divorce and any supporting affidavits must be signed and witnessed properly.
They can be sworn or affirmed but it must be done in the presence of someone who is authorised to witness affidavits.
For example, a lawyer or Justice of the Peace.
If you call your local police station, they will often have someone there who can witness affidavits.
STEP 5
Make copies
You’ll need at least 2 copies of the signed divorce application and any supporting affidavits.
(Plus another copy for yourself).
STEP 6 - File the documents with the court
They need to be filed in the Federal Circuit Court of Australia.
If you’re in Western Australia, you must file in the Family Court of Western Australia.
They can be filed by post or via the Commonwealth Courts Portal. ‘Pre-Covid’ they could also be filed in person.
Your divorce kit contains a page which lists all the registries where the divorce application can be filed.
STEP 7
Checklist of what you’ll need
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Original and 2 photocopies of your signed divorce application.
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A photocopy of your marriage certificate.
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Documents proving eligibility if required.
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Any affidavits needed regarding separation under 1 roof.
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Application to reduce the filing fee (if you’re applying).
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The filing fee – completed credit card payment form.
STEP 8
What happens next?
Joint divorce
You’ll be notified of the hearing date and place and then there’s not left much to do.
Sole divorce
You need to serve a sealed copy of the divorce application on your ex.
A sealed copy is one with the court stamp on it.
STEP 9
Serving the divorce application
Sole applications
You must prove you’ve served your ex.
There are documents to prepare and file with the court.
We have detailed guides on how to do this. Have a look at…
‘Serving A Divorce By Post’ and ‘Serving A Divorce By Hand’.
Keep these time limits in mind…
If your ex is in Australia, you must serve them with the documents at least 28 days before the hearing.
If your ex is overseas, you must serve them with the documents at lleast 42 days before the hearing.
STEP 10
The hearing and beyond!
Joint divorce
If you’re doing a joint divorce then neither you nor your ex need to attend the hearing.
Sole divorce
If you’re doing a sole divorce and there are children under 18, then you are required to attend the hearing.
If you’re concerned for your safety
You should speak to the court about this. They will discuss options and arrangements that can be made for you.
In some cases, you can attend by phone instead of in person.
After the hearing
Assuming you’re successful, the court will make an order.
This order becomes ‘final’ one month and one day after the hearing. You aren’t divorced until then.
and that’s it…
YOU’RE DIVORCED!
Summary
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Check you qualify to apply for a divorce.
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Prepare your paperwork, which includes an application for divorce and marriage certificate.
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There’s a government filing fee payable to the court when you file your application.
It increases every year in July.
As of early 2021 the fee was $930 payable to the court when you file your application.
It can be reduced if you qualify for a fee reduction.
As of early 2021, the reduced fee was $310 in some cases. -
You’ll need to sign documents in front of someone authorised to witness affidavits (such as a lawyer or Justice of the Peace).
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Make at least 2 copies of all the documents.
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File them at a family law registry.
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The court will give you a hearing date, a brochure and sealed copies of the documents.
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If you’re doing a joint divorce, there’s not much else to do.
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If you’re doing a sole divorce, you’ll need to serve them on your ex.
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You’ll need to prove you served the documents.
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The hearing
You’re required to attend if you’re doing a sole application and there are children under 18. -
Your divorce becomes final one month and one day after the hearing.
Don’t waste hundreds or even thousands on a lawyer when you can do your own divorce.
We can easily provide you with everything you need to arrange and manage a simple and straight forward divorce.