A Step-by-Step Guide to the Divorce Process in Australia
Divorce can be challenging, but understanding the legal process can help make it more manageable. As per the Family Law Act 1975, divorce in Australia follows a clear and relatively straightforward process. Family lawyers can help you navigate the process, which includes the following steps.
Step 1: Meet Eligibility Criteria
Before you can apply for a divorce, you must meet the following criteria:
- Residency – Either you or your spouse must regard Australia as your home and intend to live in Australia indefinitely, be an Australian citizen, or ordinarily live in Australia and have done so for at least 12 months before filing.
- Separation – You must be separated for at least 12 months. This can occur while still living under the same roof, provided you can demonstrate that you have lived separately during that time.
- Marriage Validity – You must provide a copy of your marriage certificate. If it’s in another language, an English translation and an affidavit will be required.
Step 2: Decide on Sole or Joint Application
You can apply for divorce on your own (sole application) or with your spouse (joint application). A joint application is typically more straightforward and may reduce conflict, as both parties agree on the separation. If you file a sole application, you must serve a copy of the application to your spouse and you will need to attend the court hearing if there are children under 18 involved.
Step 3: Complete the Application
Applications for divorce are filed through the Federal Circuit and Family Court of Australia via the Commonwealth Courts Portal. You’ll need to:
- Complete the Application for Divorce form online
- Upload relevant documents, including your marriage certificate
- Pay the filing fee (concessions are available for eligible applicants)
Step 4: Serve the Application (Sole Applications Only)
If you filed a sole application, you must serve the documents to your spouse at least 28 days before the hearing (if they are in Australia) or 42 days if they are overseas. Service must be done by hand (not by you), by post or through your spouse’s legal representative. You must then complete an Affidavit of Service and file it with the court to confirm that your spouse has been properly notified.
Step 5: Attend the Hearing
You must attend the divorce hearing if you filed a sole application and have children under 18. Otherwise, attendance is typically not required. During the hearing, the court will ensure that legal requirements have been met especially with regards to child arrangements. Consulting with family lawyers can help prepare you for what to expect from the divorce hearing.
Step 6: Receive the Divorce Order
If the court grants the divorce, it becomes final one month and one day after the hearing date. The divorce order will be available for download from the Commonwealth Courts Portal.
Cost of Divorce in Australia
Alongside understanding the process, it’s important to be aware of the costs involved.
The court filing fee for divorce in Australia is $1,125, or $375 if you’re eligible for a reduced fee. For a straightforward, uncontested divorce, legal fees are typically around $1,200 to $1,500.
It’s important to note that divorce only legally ends the marriage. Property settlement, parenting arrangements, and spousal maintenance are separate matters and can significantly increase overall costs. In contested cases, total legal fees can range from $10,000 to $50,000 or more.
In general, the more cooperative both parties are, the quicker and more cost-effective the process will be. Find out more about how much a divorce can cost here.
Laurence McLean, Director of Operations at Peninsula Australia
