How do I apply for a divorce?
Basic steps to getting a divorce in Australia
1. Complete an Application for Divorce
You (or your lawyer if you have one) can use the:
- Divorce Kit
- Application for Divorce
The Divorce kit includes step-by-step instructions on how to complete the application.
2. Sign
Swear or affirm and sign the Application for Divorce before a lawyer, Justice of the Peace or other person authorised to witness affidavits in your state or territory.
3. Photocopy
Make two photocopies of the completed and signed Application for Divorce and any supporting documents.
4. File
File, by hand or post, at a family law registry:
- the
original and two copies of the Application for Divorce, and
- a copy of your marriage certificate.
You also need to pay a fee or request an exemption or waiver of
the fee by filing an Exemption form or an Application for Waiver of Court Fees
form. As at 1 October 2006, the fee to file an Application for Divorce in the Federal Magistrates Court is $405.
This fee is set by regulation and is generally only adjusted every two years. More information can be found under the Fees section of this website, including an explanation of different payment methods.
If you were not born in Australia and intend to rely upon your Australian citizenship as a ground to apply for a divorce in Australia, you must also file a copy of your Australian citizenship certificate, Australian passport or other proof of citizenship.
5. Receive a hearing date and documents
The Court gives you a file number and a time and date for a hearing.
If you jointly apply, the Court will keep your original Application for Divorce and give you and your spouse a sealed copy of the application and an information brochure 'Marriage, Families and Separation'.
If you apply on your own, the Court will keep your original Application for Divorce and give you two copies of the sealed application and information brochure 'Marriage, Families and Separation'.
6. Serve papers
If you applied on your own, you must serve a sealed copy of the Application for Divorce and information brochure on your spouse:
- at least 28 days before the hearing if your husband or wife is in Australia
- at least 42 days before the hearing date if your husband or wife is overseas.
More information can be found in the Divorce service forms and kit under the Forms section of this website.
7. Attend the hearing
If
there is no child of the marriage aged under 18 years, you are not required to
attend the court hearing. This applies for both sole and joint applications.
If you have made a joint application and there is a child of the
marriage aged under 18 years, neither you nor your spouse are required to
attend the court hearing.
If
you have made a sole application and there is a child of the marriage aged
under 18 years, you must attend the court hearing unless circumstances prevent
you from attending. You may be able to attend by telephone.
8. Outcome of hearing
If
your divorce application is successful, the Court will grant a divorce order.
The order becomes final one month and one day after it is made, unless it is
shortened by order of the Court.
Once the divorce order becomes final, the Court will send a
Certificate of Divorce to you and your spouse individually, or to your lawyer
if you have one.
Do not assume that the divorce will be granted at the first court
hearing. For example, you may be told at the hearing that you need to provide
more information.