To apply for divorce in Australia, the following 4 requirements must be satisfied:
You can apply for divorce by yourself (sole application) or together with your spouse (joint application).
Please see below table for the differences:
| Joint application | Sole application | |
|---|---|---|
| Signature | Both parties need to sign the application form | Only one party needs to sign the application form |
| Hearing | No need to attend hearing |
Have children under 18? No children under 18? |
| Service | No need to serve documents | You must ensure the divorce application papers are served on your spouse |
| Legal Fee | Ascent Lawyers can provide 20% off | Fixed fee |
To apply for divorce in Australia, you or your spouse must answer yes to one of the following:
Yes, you can. If you are married for less than 2 years, you and your spouse are required to attend counselling in order to obtain a counselling certificate.
If you are unable to attend these sessions, you will need to write an affidavit to the court before you can apply for a divorce.
Not necessarily. It is possible for you and your spouse to be separated but to continue living in the same house during the 12 months before applying for divorce. This is known as ‘separation under the one roof’.
If you have separated with your spouse under one roof, you need to provide an affidavit to support your divorce application.
In your affidavit, you need to prove that there has been a change in the marriage. You need to explain:
If you cannot locate your spouse, you may apply for a sole divorce application.
Normally you would need your spouse’s address to serve the divorce papers. In such circumstances, you have to prove that you have taken all reasonable steps to locate them but failed. You will need to make a further application to ask a court to dispense with service or for substituted service.
After the divorce application is submitted, a court hearing date will be allocated in a few months’ time.
On the day of the court hearing, if the judge is satisfied that all the requirements are met in the divorce application, a divorce order will be granted and become effective after 1 month and 1 day.
If you have been separated for more than 12 months, there are a few opportunities to oppose a divorce application. You can only oppose the divorce if:
If you do not want the divorce granted, you must complete and file a Response to Divorce and appear in person on the hearing date. You need to set out why you want the court to dismiss the divorce application.
It does not matter if you were married overseas. You can get divorced in Australia if you or your spouse satisfies the residency requirement.
If your marriage certificate is not in English, you need to have the certificate translated.
Yes, you can.
If you were married, you must apply to the Family Court for Property Settlement and/or Spousal Maintenance within 12 months of your divorce becoming final.
If you were in a de facto relationship, you must apply to the Family Court for a property settlement and or spousal maintenance within 2 years of the date you separated from your ex partner.
We understand that this can be a very stressful time in your life. Our family lawyers are trained and equipped to provide you with constructive guidance. We highly recommend meeting with one of our family lawyers based in Brisbane for at least a one-off consultation. You will be gaining practical advice to help you navigate your way through this stressful time.
When you are dealing with a complicated Family Law matter such as divorce or property settlement, seeking legal guidance is the only viable option.
Please note that when the court grants a divorce, it does not solve issues about property or children. If you want to make arrangements about these issues, you need to engage a lawyer to help you with:
If you want to apply for spousal maintenance or a division of property, you must file a separate application within 12 months of the date the divorce becomes final. Otherwise, you will need the Court’s permission to apply.
Contact experienced family lawyers at Ascent Lawyers to work alongside you throughout this trying time. Let us be your worry-free legal solution.
Our experienced family law experts are committed to helping you at a difficult time in your life.
We provide 15-minute free initial consultation.
Our family lawyers can take care of all your divorce, property settlement and parenting arrangement issues. Let our careful lawyer make you carefree!
Because we care, we always seek the most efficient resolution for your family law matters based on your best interests.
A diversified team who are proficient in Mandarin and English, to make talking with us that much easier.
WhatsApp, WeChat, Line, we contact you on the apps your prefer.
It could not be any easier. We are always happy to help you figure out what to do.
Our expert compensation lawyers will check if you may have a claim, then arrange a visit to explain the whole process to you.
Once you engage us, we will gather all the required details, organise rehabilitation for you and start your claim immediately.
We will build your case over the next 12 to 15 months and negotiate with the insurer. We will give you constant updates.
We will strive to secure a lump sum settlement for you. You don't have to worry about paying us any fees until we win.
