Divorce in Australia – What You Need to Know

Divorce in Australia – What You Need to Know

Divorce can be one of the most stressful times in your life. This post sets out information on how to proceed as easily as possible.

Before you can apply for a divorce

You can only apply for a divorce in Australia if:

  • Australia is your home country and you are a resident in Australia, or
  • You are an Australian citizen, or
  • You have lived in Australia for 12 months before you file for divorce, and
  • You can prove you and your spouse have lived apart for at least a year and there isn’t any chance you to getting back together, and
  • The court is satisfied with the arrangements in place for your children (under the age of 18) for proper care.

How to apply for a divorce

You need to complete a divorce application and hand it in to the court, paying the filing costs. You can:

  • Apply for a joint application if you are filing for divorce with your spouse, or
  • File your divorce papers independently if you are the sole applicant and your spouse is the respondent.

How to make applying for a divorce a smooth process

Going through a divorce can be extremely stressful. To reduce your stress, you can have a lawyer to prepare your divorce application for you.

Alternatively, if you’re comfortable with completing the process by yourself, read instructions and complete the application in the court-provided Divorce Kit.

What if you want to respond to a divorce filing?

If your spouse filed the papers for your divorce, you can respond to the divorce filing. For example, if there was incorrect information in the application.

If you want to do this, you will need to file your response within 28 days of the application being served, if your papers were served in Australia. If your papers were served outside of the country, you have 42 days.

Are in the process of separation?

If you haven’t yet lived 12 months apart from your spouse, you can use our Separation Agreement Kit to help ensure that all your financial matters are in order.

Get Family Law Help Now!