If you are seeking to apply for a divorce, you must follow a legal process. Below is a step-by-step guide to help you understand how to apply for a divorce in Australia.
Who Can Grant a Divorce in Australia?
Under Part VI of the Family Law Act 1975, the Federal Circuit and Family Court of Australia has the authority to dissolve a marriage and grant a divorce.
Important Note on Parenting and Property
Obtaining a divorce in Australia does not automatically resolve parenting or property matters. These must be dealt with separately. If you need assistance, contact us here.
Step 1: Check Your Eligibility
- You were born in Australia, or are an Australian citizen by descent or by grant (citizenship certificate required).
- You have lived in Australia for the past 12 months and plan to remain. You must provide evidence such as a passport and visa.
If you do not meet the above criteria, you cannot apply for a divorce.
Additionally:
- Your relationship must have irretrievably broken down.
- You must be separated for at least 12 months and 1 day.
- If you were separated under the same roof or your circumstances have changed, you may need to attend the hearing with supporting affidavits.
You must also provide a marriage certificate. If it’s unavailable, you will need to submit an affidavit explaining your efforts to obtain it. Seek legal advice if needed.
Step 2: Apply for Divorce
Submit your application via Commcourts online. You can apply either solely or jointly. Upload your marriage certificate during the process.
Once you complete the form and lock it, print it and swear or affirm the Affidavit for E-Filing before a Lawyer or Justice of the Peace. Then upload the affidavit to Commcourts. At this stage, you will also select a court date and pay the application fee. View the current fees here.
Step 3: Serve the Divorce Documents
If it’s a sole application, you must serve the following documents on the Respondent:
- The divorce application
- Affidavit for eFiling
- Marriage, Families and Separation brochure
After service, your process server must provide:
- An Affidavit of Service by Hand (Divorce)
- Acknowledgement of Service (Divorce)
You must file an affidavit confirming the Respondent’s signature.
Step 4: Court Attendance
You must attend the hearing if:
- You indicate this in your application
- The Respondent requests to attend (when children under 18 are involved)
- The Respondent files a Response to Divorce
- You request substituted or dispensation of service
Step 5: Finalising the Divorce
The Court finalises your divorce one month and one day after the hearing. You must log in to Commcourts to download your sealed divorce order. This digital document is the official and original court record.
No-Fault Divorce in Australia
Since 1975, Australia has followed a no-fault divorce system. You don’t need to prove fault by either party. The process is primarily administrative, and many people can complete it independently by following this guide.
Need Legal Assistance?
Our Nundah-based firm has supported thousands of clients through divorce and family law issues. If you need help, contact us here.
Helpful Resources
- Understanding the Divorce Application Process in Australia
- How to Prepare for Your Consultation with Brisbane Family Lawyers
- Family Lawyers North Brisbane
- First Steps After Separation – Practical Considerations
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