DIVORCE

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Divorce is the legal process by which a married couple formally ends their marriage. In Australia, to apply for a divorce, you and your former partner must have been separated for a minimum period of 12 months. Once this requirement is met, an Application for Divorce can be lodged with the Federal Circuit and Family Court of Australia.

You can apply for a divorce in one of two ways:

1. Sole Application – Filed by one party, who then serves the application on their former partner.
2. Joint Application – Filed together by both parties.

Our team can assist you through every step of the process, including preparing the application and representing you at your divorce hearing, if required.

It is important to note that obtaining a divorce does not resolve parenting arrangements or property settlements with your former partner. These matters must be addressed separately.

To be eligible for a divorce in Australia, you and your former partner must have lived separately for at least 12 months. 

If you and your former partner lived under the same roof during any part of the required 12-month separation period, an Affidavit must be filed with the Court to address this circumstance.

There is a filing fee for lodging an Application for Divorce. However, if you meet certain criteria set by the Court, you may be eligible for a reduced fee.

Please note that this fee only covers the cost of lodging the application and does not include legal representation or other associated costs.

The timeframe for finalising a divorce depends on the complexity of your matter and the Court’s schedule. Generally, after filing an Application for Divorce, the Court will list your matter for a hearing within a few months.

At the hearing, the Court will decide whether to grant the divorce. If granted, the divorce becomes effective one month and one day after the hearing date. If you plan to remarry, ensure you allow sufficient time between lodging your application and your wedding date.

Whether you need to attend Court depends on the type of application and your circumstances.

If you have been married for less than two years, you will generally need to attend marriage counselling before the Court will grant a divorce. A certificate from a family counsellor or other authorised person must be provided to the Court, confirming that you and your former partner have attended counselling and considered reconciliation.

Exceptions to this requirement include situations involving family violence or where your former partner cannot be located. If your former partner refuses to attend counselling, you may still obtain the necessary certificate to proceed with your divorce application.