Divorce process in Australia
Step 1: Proof of separation and irretrievable breakdown of marriage
First, you must meet the criteria for making a divorce application:
- You should be separated from your ex-partner for a minimum of 12 months (separation under one roof is also acceptable); and
- The marriage must be irretrievably broken down and there is no resumption of marriage.
Step 2: Decide on the type of divorce application.
- Joint divorce: If the parties are agreeable to apply for divorce together.
- Sole divorce: If parties are at conflict in applying for a divorce and parties are not in amicable terms with each other.
Step 3: Obtain legal advice and legal representation.
- If parties are making a joint divorce application, one lawyer can make the application on behalf of both parties.
- If parties are making a sole divorce application, each party needs to be independently represented by a lawyer.
Step 4: Making the divorce application, e-filing the documents with the courts portal and serving the divorce papers on the parties.
The divorce application and the supporting documents must be electronically filed with the Federal Circuit and Family Court of Australia, through the Commonwealth Courts portal.
If parties make a sole divorce application, the divorce application is required be served on the ex-partner of that applying party. This is usually completed by a process server, through email, post or by hand.
Step 5: Attend the court hearing if required (not a mandatory step in the divorce process)
Generally, parties are not required to attend a hearing prior to granting the final divorce order. However, if the judges are not satisfied with the divorce application or if a satisfactory parenting arrangement is not provided for children under 18, parties may be required to attend a hearing.
Step 6: Await court approval of the divorce.
The final divorce order will be uploaded into your file in the Commonwealth Courts portal and parties can download and retain a copy of the divorce order.