The process of getting a divorce can feel overwhelming, especially when emotions are running high and legal jargon feels impossible to understand. This guide will break down each part of the divorce process to help you feel informed and in control.
In Australia, the process is designed to be as straightforward as possible, but it’s still important to know what steps you need to take, what criteria you must meet, and how long everything will take.
First things first, the definition of Divorce in Australia
Divorce is the legal ending of a marriage. In Australia, divorce is a no-fault process, which means you don’t need to prove that anyone did anything wrong; the only requirement is that the marriage has broken down irretrievably.
Divorce does not cover issues like property settlement or arrangements for children—those matters are dealt with separately.
Requirements to get a divorce
You and your spouse must have been separated for at least 12 months before you can file for divorce. This separation can involve living in the same house but leading separate lives—this is known as being “separated under one roof.
You or your spouse must be an Australian citizen, regard Australia as your permanent home, or have lived in Australia for at least 12 months before applying.
The court must be satisfied that the relationship has broken down irretrievably, with no chance of reconciliation.
If separation under one roof applies to your situation, you need to support your divorce application with an affidavit.
How to apply for a divorce
Once you meet the basic requirements, applying for a divorce in Australia involves a series of steps. The entire process can be managed online through the Commonwealth Courts Portal, which makes it easy for most people to navigate.
Filing the application for divorce
You will need to complete and lodge a divorce application, which can be done individually (a “sole application”) or jointly with your spouse (a “joint application”). The application asks for details about the marriage, separation, and any children involved.
Paying the filing fee
There is a fee for lodging a divorce application, which is currently $990 (as of 2024). If you are experiencing financial hardship, you may be eligible for a reduced fee. Fee reductions are also available for concession card holders.
Serving the application
If you are lodging a sole application, you will need to serve the divorce papers on your spouse. This means officially delivering the documents to them so they are aware of the proceedings. You cannot do this yourself—it must be done by someone else, such as a process server or even a friend over the age of 18.
Attending a court hearing (if necessary)
In most cases, you won’t need to attend court unless there are children under 18 involved and a sole application has been made. If a hearing is required, it is usually straightforward and focused on confirming the details in the application.
When is a court appearance needed?
If you and your spouse have children under 18 and you’ve filed a sole application, you may need to attend a short court hearing. The purpose is for the judge to ensure appropriate arrangements are in place for the children.
What happens after a Divorce is granted
Once the court grants your divorce, it will become final one month and one day later. You will receive a divorce order, which is proof that your marriage has legally ended. If you need to remarry or show proof of your divorce, this document will be important.
Once your divorce is granted, you have 12 months to apply for a property settlement or spousal maintenance if necessary. Sorting out property or child custody issues before the divorce is finalised can make the overall process smoother.
TIME LIMITS FOR PROPERTY SETTLEMENTS
After your divorce is finalised, you have 12 months to make an application for property settlement or spousal maintenance. It’s best to deal with these issues as early as possible to avoid complications down the track.
Do you need a lawyer to get a divorce?
While you don’t need a lawyer to apply for a divorce, getting legal advice early on can help you understand your rights and responsibilities, particularly if there are children or property involved.
To protect you and your children’s best interests, you should speak to a lawyer before taking action. An experienced family lawyer will work out the best strategy and order of events to make the process as smooth as possible for you.
