To finalise the end of a marriage an application for divorce needs to be filed with the Federal Circuit and Family Court of Australia, or the Family Court of Western Australia for those living in WA. Once the divorce order takes effect the marriage is legally over and either party is then within their rights to remarry.
You are eligible to make an application for divorce in Australia if you have been separated for at least 12 month and are an Australian citizen or have lived in Australia and plan to reside here in the future. You will need a copy of your marriage certificate and if it’s in a language other than English, it will need to be translated by an authorised NAATI translator. You can still make an application for divorce in Australia, even if you were married overseas. If you have been granted citizenship you will also need to provide the court with evidence of this.
People have the option of making a sole application or a joint application together with their former spouse.
The pros and cons of a sole application:
- You do not need your former spouses permission to get divorced
- Once filed with the court you will need to have a copy of the paperwork served to your former spouse no later than 28 days before the hearing
- Your former spouse is not required to perform any task toward the application or attend the hearing, unless they wish to
- If you have children under the age of 18 you are required to phone into the hearing, otherwise attendance is not required
- If you hold a concession card, you are entitled to receive the reduced rate court filing fee ($330)
- If your former spouse resides in Australia, the hearing is usually 8- 12 weeks after the application is filed with the court
The pros and cons of joint applications:
- Both you and former spouse agree to the divorce and are required to sign the paperwork
- No paperwork need to be served
- Neither party are required to attend the hearing
- In order to receive the reduced court filing fee, both you and the other party must hold a current concession card
- The hearing is usually 4-6 weeks after the application is filed with the court
Our fee for managing a standard application is $365, plus court filing fees. The court filing fee is $990 full cost, or $330 for concession card holders.
So what is considered a standard application?
- Both joint and sole applications
- Sole applicants know the whereabouts of their former spouse or at least have an address for service
- You both reside in Australia
- You have not been married for less than 2 years
- You hold a copy of your marriage certificate
How long does the process take?
We can have your application complete and ready for signing within a few business days. Once signed, we will file the application with the court and book the first available hearing date. This is usually between 8-12 weeks later. The divorce is granted on the hearing day and will take effect one month and one day later.
How do I get started?
Firstly, we’ll get you to complete a brief questionnaire and provide a copy of your marriage certificate. Then, we’ll do the rest. Easy. We can organise to have the documents served to your spouse for an additional charge.