All divorce applications in Australia are now e-filed online with the Federal Circuit Court of Australia. To lodge your application, you will need to register with the Commonwealth Courts Portal.
The Court provides a ‘Do it Yourself’ kit for simple divorce applications. If there are issues around your period of separation or difficulties locating the other party to the marriage, we recommend that you engage a lawyer to prepare your application for divorce.
When you have completed the application, you will need a copy of your marriage certificate and the applicable filing fee in order to file the application. After the application has been filed, you will be given a court date in approximately 8 – 10 weeks time. You may not have to attend court on this date, depending on your circumstances.
We recommend that you speak with a family law specialist to obtain legal advice about your specific circumstances prior to applying for a divorce.
Can I apply for a divorce in Australia?
You are eligible to apply for a divorce in Australia if either you or the other party:
- Regard Australia as your home and intend to live in Australia indefinitely; or
- Are an Australian citizen by birth, descent or grant of citizenship; or
- You ordinarily live in Australia and have done so for at least 12 months prior to applying for your divorce.
You can apply for divorce in Australia even if you were married overseas, as long as you meet one of the above criteria. If your marriage certificate is not in English, you will need a certified translation to file with your divorce application.
When can I apply for a divorce?
You must be separated for a period of 12 months before you can apply for a divorce. You can still be separated and living under the same roof as your former spouse. If this is the case, you will need to file additional documents with your divorce application.
Will the Court grant my divorce?
Australia has a ‘no fault’ divorce system which means that the circumstances leading to your separation and divorce application are not relevant.
To grant a divorce, the Court needs to be satisfied that your marriage has “broken down irretrievably”. This is demonstrated by a period of separation of not less than 12 months.
If there are children of the marriage, the Court must also be satisfied that appropriate arrangements are in place to care for the children.
What happens to my property in a divorce?
A divorce application is separate from a property settlement. You must apply to the Court for a property settlement within 12 months from the date your divorce order becomes final. After that time, you will require the leave of the Court to proceed which may not be granted.
