DIVORCE APPLICATIONS IN AUSTRALIA

Before starting the divorce process, you must understand divorce applications in Australia. This is because filing a divorce does not include orders made in relation to children of the relationship or property separation.

You can apply for a divorce by yourself (sole application) or together with the other party to the marriage (joint application).

Sole application

If you make a sole application, you are known as the applicant. Then, the other party is known as the respondent. Only you, as the applicant, are required to sign the Affidavit for filing your Application (Divorce) electronically. The respondent does not need to sign the Affidavit for electronic Application (Divorce). However, you do need to serve the application on the respondent.

 

Court attendance is not required if there are no children of the marriage.

Court attendance is required if there are children under the age of 18 years.

Joint application

For a joint application, both parties are known as joint applicants. If you file a joint application, one party completes the application. Then, this party provides a copy to the other party to review and sign. When you electronically file the application, you will be able to print the document at the end of Step 1 and provide a copy to the other party for review. Once you lock the joint application in Step 4, you can then print the finalised document for signature. Both applicants must sign the Affidavit for electronically filing the Application (Divorce). You do not need to serve documents on the other party if you make a joint application.

 

Court attendance is not required if you file a joint application.

Court attendance is required if you select to attend.

For eligibility, you must be one of the following:
  • Were born in Australia or have become an Australian citizen by descent (born outside Australia and at least one parent was an Australian citizen and your birth is registered in Australia).
  • Are an Australian citizen by grant of Australian citizenship (a citizenship certificate will be required).
  • Are lawfully present in Australia and intend to continue living in Australia. You must have been living in Australia for at least the last 12 months – evidence must be provided, e.g. your passport showing the date of arrival at least one year prior and a valid or current visa.
To get a divorce you must have been separated for 12 months and 1 day or longer.

It is always advisable for any court attendance to obtain legal advice before you go. If you have any questions about the forms or court processes, legal advice is advisable. You don’t need legal representation to apply for a divorce, but you can use them if you choose to.

If you have been married less than two years and intend to apply for a divorce, the court specifies that you must do one of the following two actions:

  1.  Attend counselling with a family counsellor or nominated counsellor to discuss the possibility of reconciliation with your spouse.
  1.  If you have not attended counselling, you will need to obtain permission by the Court to apply for a divorce.

 

The two years is calculated from the date of the marriage to the date of applying to the Court for a divorce.

 

You and your spouse must also have been separated for at least 12 months before applying for a divorce.

If you do not attend counselling with your spouse, you need the Court’s permission to apply for a divorce by filing an affidavit with your application for divorce.

You will need to explain to the court the following:

 

  1. Why you and your spouse have not attended counselling.
  2. Any special circumstances of your case.

 

If you have made a sole application and there is a child of the marriage under 18 years, you must attend the court hearing. In all other instances, provided you set out the circumstances of your separation and file the required affidavits with the Court, you do not need to attend the court hearing. If the Court requires more information, it will adjourn the case. Moreover, the Court will direct you to file additional material or to attend the court hearing.

 

Blank Affidavits and divorce application forms are available on the court website: www.federalcircuitcourt.gov.au and www.familycourt.gov.au.

 

If you are having trouble finding counselling, if married under two years, you can go to the Family Relationships website and they can help you: www.familyrelationships.gov.au.

Know what you can do

AussieLegal offers a number of legal kits and paralegal services that are specifically designed to help family members make a personal application and save thousands in legal fees.

Reach out on 1300 728 200 to discuss your situation with one of our consultants.

  • Nina

    Hi team
    Me and my husband already seperate for more than 1 year. We want to divorce . We have 2 kids 4 and 6 years old and 1 house . We also agree with financial arrangement . Do we need a a lawyer to file the joint application ? or we just need to buy tje DIY kit for financial and property transfer
    thanks

    • Nicah San Jose

      Hi Nina!

      Thank you for your inquiry about our Divorce.

      Our Divorce cost $750.00 and we will prepare all forms and assist with the electronic submission to the Federal Circuit Court.

      You can avail our BFA Separation Plus and the price is fixed at $2,995 for 2 people, and includes the drafting of the BFA, revisions if required, plus legal advice and certification from 2 independent law firms. We can also take care of the property transfer (for QLD, VIC, and NSW) and you can choose from this link: https://aussielegal.com.au/fixed-price-property-conveyancing/

      We are happy to talk if you prefer, and you can call us at 1300 728 200 or email us at enquiries@ausiielegal.com.au to discuss your situation further.
      Thank you and have a great day! Speak soon!

      Aussielegal Team

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