How to get a Divorce in Australia

Divorce is a difficult and emotional time for everyone involved. It’s important to know the steps involved in getting a divorce in Australia, so you can make informed decisions and ensure the process is as smooth and stress-free as possible. In this post, we’ll outline the steps involved in getting divorced in Australia.

Step 1: Meet the Eligibility Requirements

Before you can get divorced in Australia, you need to meet certain eligibility requirements. These include:

• You or your spouse must be an Australian citizen, or live in Australia and consider it your permanent home.
• You must have been separated for at least 12 months.
• There is no reasonable likelihood of reconciling.

Step 2: File an Application for Divorce

The next step is to file an Application for Divorce with the Federal Circuit Court of Australia. You can do this online or by post. You’ll need to provide information about yourself, your spouse, and your children (if you have any).

Step 3: Serve the Application on Your Spouse

Once you’ve filed the Application for Divorce, you need to serve it on your spouse. This means giving them a copy of the Application and any other relevant documents. You can do this in person, by post, or through a lawyer. You cannot serve it on your spouse yourself though.

Step 4: Wait for Your Court Date

After you’ve filed the Application and served it on your spouse, you’ll need to wait for a court date. This usually takes between four to six weeks. If there are any issues or disputes, this may take longer.

Step 5: Attend Court

On the day of your court date, you’ll need to attend court and provide evidence that you meet the eligibility requirements for divorce. If the court is satisfied that you meet the requirements, it will grant a divorce order.

Step 6: Finalise the Divorce

After the court has granted a divorce order, you need to wait for one month before the divorce becomes final. This is called the ‘cooling-off’ period. Once the cooling-off period is over, you’ll receive a Divorce Certificate, which shows that your marriage has ended.

Getting a divorce can be a difficult and emotional process, but knowing the steps involved can make it easier.

At Umbrella Family Law, we understand how difficult divorce can be, and we’re here to support you through the entire process.

Our experienced family lawyers can provide you with expert advice and guidance on all aspects of divorce, including property settlements, child custody, and more. Contact us today to book a consultation.

 

For more information, head to the Federal Circuit and Family Court of Australia website here.