What are the steps for divorce in Australia?

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Divorce in Australia follows a structured legal process under the Family Law Act 1975. While the system is designed to be accessible, many people are unsure about eligibility, timeframes, and what divorce actually covers.

This article explains the key steps involved in getting divorced in Australia, as well as important considerations before and after the divorce is finalised.

We offer divorce and family law services in Melbourne and Geelong, and remotely across Australia. If you need further assistance, you can book your free initial consultation here.

Divorce in Australia Is No-Fault

Australia operates under a no-fault divorce system. This means the Court does not consider who caused the marriage to end or why the relationship broke down. The only ground for divorce is that the marriage has broken down irretrievably, which is established by the parties being separated for at least 12 months and 1 day. Issues such as infidelity, abandonment, or conflict are not relevant to the divorce itself.

Confirming Eligibility to Apply for Divorce

To apply for a divorce in Australia, at least one party must:

1. Be an Australian citizen; or

2. Ordinarily live in Australia and regard it as their permanent home; or

3. Have lived in Australia for at least 12 months immediately before filing the application.

You must also have:

1. A valid marriage certificate; and

2. Been separated for a minimum of 12 months and 1 day.

Separation Under One Roof

It is possible to be considered separated even if you continued living in the same home. In these circumstances, additional evidence is required to show that the relationship had ended despite sharing a residence.

Choosing Between a Sole or Joint Application

There are two ways to apply for divorce:

Joint Application

A joint application is made by both parties together. This option:

1. Does not require formal service of documents

2. Is generally more straightforward

3. Often avoids the need to attend Court

   
   

Sole Application

A sole application is made by one party alone. If you apply this way:

1. You must formally serve the divorce documents on your spouse

2. Additional procedural steps are required

3. Attendance at the hearing may be necessary in some cases

Filing the Divorce Application

Divorce applications are lodged online through the Federal Circuit and Family Court of Australia.

When filing, you will need to:

1. Complete the Application for Divorce

2. Upload your marriage certificate (and a translation if required)

3. Pay the filing fee (fee reductions may apply in certain circumstances)

Once filed, the Court will allocate a hearing date.

Serving the Divorce Papers (Sole Applications Only)

If you file a sole application, the divorce papers must be served on your spouse:

1. At least 28 days before the hearing if they are in Australia

2. At least 42 days before the hearing if they are overseas

You cannot serve the documents yourself. Service must be carried out by a third party or professional process server, and proof of service must be filed with the Court.

Attending the Divorce Hearing

In many cases, attendance at the divorce hearing is not required. However, you may need to attend if:

1. You filed a sole application and there are children under 18; or

2. The Court requires clarification about separation, service, or jurisdiction.

The Court will consider whether:

1. The legal requirements for divorce are met; and

2. Proper arrangements have been made for any children under 18.

When the Divorce Becomes Final

If the Court is satisfied, it will make a Divorce Order. The Divorce Order becomes final one month and one day after the hearing date. You are not legally divorced until this date. It is important not to remarry until the Divorce Order has taken effect.

Divorce Does Not Resolve Property or Parenting Matters

Divorce only ends the legal marriage. It does not deal with:

1. Property settlement

2. Spousal maintenance

3. Parenting arrangements

These matters are separate and may be resolved before or after divorce.

Important Time Limit

Once a divorce is final, there is a 12-month time limit to commence proceedings for:

1. Property settlement

2. Spousal maintenance

After this period, permission from the Court is required to proceed.

When Legal Advice Is Recommended

Legal advice should be sought where:

1. There are children involved

2. Assets or finances are complex

3. Separation under one roof applies

4. One party is overseas or uncooperative

5. Time limits for property settlement are approaching

   
   

Early advice can prevent delays and protect your legal position.

How Wylde Family Law Can Assist

Wylde Family Law provides clear, practical advice throughout the divorce process, from initial separation through to final orders.

We assist clients with:

1. Sole and joint divorce applications

2. Separation under one roof evidence

3. Service of documents, including international service

4. Strategic advice about property and parenting matters

We offer divorce and family law services in Melbourne and Geelong, and we act for clients remotely across Australia. If you require advice tailored to your circumstances, our team is available to assist.

Book your Free Initial Consultation