How To File For Divorce in Australia

If you’re asking, “how do you get a divorce?“, or “how do I start divorce proceedings”, this guide is here to help. Understanding how to apply for a divorce in Australia involves following a straightforward step-by-step process. 

This article will provide you with the essential information on applying for a divorce, from meeting the eligibility requirements to completing and lodging your application. Whether you are filing individually or jointly, these steps will guide you through the entire process.

How do I file for divorce in Australia?

Getting a divorce in Australia is a national process, which means the procedure is consistent across all states and territories. Regardless of which state you live in, filing for divorce Australia-wide will always require following the same legal steps. In other words, how to file for divorce in Queensland is the same as how to apply for divorce in any other state.

This being said, the specific requirements and procedures can differ depending on whether you are filing a sole or joint application, and whether you have children under the age of 18. Understanding these differences is crucial for navigating the divorce process smoothly and ensuring that all legal obligations are met for getting a divorce in QLD and Australia-wide.

This guide will help you understand how to get a divorce in Australia, from meeting eligibility requirements to attending a hearing if necessary.

The Steps To Getting A Divorce in Australia

Understanding how to get divorced in Australia involves following a series of clearly defined steps, which are uniform across all states and territories. Whether you are filing for divorce QLD-wide or any other part of the country, the process remains the same. 

This section will show you how to apply for a divorce QLD and Australia-wide, from meeting the initial eligibility requirements to preparing and lodging your application, and attending a hearing if necessary. By following these steps, you can navigate the divorce process with confidence and clarity.

Step 1  – Meet the eligibility requirements for the divorce procedure in Australia

In order to go through the divorce process in Australia, a person must meet the eligibility requirements:  

• The marriage must have broken down irrevocably 

• Children must have arrangements in place

• Parties must have ceased cohabitation for 12 months
• A person must meet the residency and citizenship requirements 

• A person must pay the requisite filing fee

• If married for less than two years, parties must attend counselling

Step 2 – Prepare the Divorce Application

A person can apply to the court for a divorce on their own (Sole Application) or with their former spouse (Joint Application).  

If a person is applying to get a divorce on their own, they are only required to sign the divorce application form.

If they are filing for divorce as a joint applicant, both parties are required to sign the divorce documents (application). 

Step 3 – Serve the application for divorce (Sole divorce applicants only)

For a sole divorce application, a must then sign and serve the divorce application on their former spouse. Their former spouse will have 28 days to respond to the divorce application. 

Step 4 – Filing the application

Pay the prescribed filing fee and lodge it with the Federal Circuit Court. Parties must include a copy of their marriage certificate, and if applying for a sole application, they must prove that they served the divorce application on their former spouse. 

Step 5 – Attend the hearing (for sole applications with children under 18)

A person will need to attend the divorce hearing if they make a sole application and there is a child of the marriage currently under 18. Otherwise, they are not required to attend the hearing