How to apply for divorce in Australia?
Types of divorce applications
The two types of divorce applications are joint applications and sole applications.
If you and your ex-partner are on amicable terms, you can make a joint divorce application. If you and your ex-partner are in conflict about divorce, you can go ahead and make a sole divorce application without the consent of your ex-partner.
- A joint application is less costly and is processed faster compared to a sole divorce application. Both you and your ex-partner could be represented by one solicitor.
- A sole divorce will require you to serve the divorce papers on your ex-partner.
An application for divorce is made through the Commonwealth Courts portal and the court hearing your divorce matter would be the Federal Circuit and Family Court of Australia.
What you need to prove?
In Australia, divorce is no-fault based. This means that you do not have to prove any fault of your ex-partner in order to make the divorce application.
Regardless of whether it is a joint or sole divorce, you must meet the two requirements stated below to apply for divorce:
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12 months separation from your ex-partner (separation under same roof is acceptable), and
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Irretrievable breakdown of marriage.
Things to know before making your divorce application
If you have children under 18, the judges may need further information about parenting matters. You may need to satisfy the court with a reasonable parenting arrangement in the best interest of the children, prior to your divorce being granted.
If you and your ex-partner have property together, it is advisable to have a formal property division agreement either before applying for divorce or at least within 12 months after obtaining your divorce order.
It is always recommended to have your property agreement concluded before divorce, as it can be easier to negotiate when parties are amicable and can reach agreement.
Key Takeaways
1. There are two types of divorce applications namely; joint and sole application.
2. A joint application is less costly and is processed faster compared to a sole divorce application
3. Ensure your marriage certificate is in English. If not, you need an Affidavit translation of your marriage certificate.
Document checklist
You need the following documents to make an application for divorce:
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A copy of your original marriage certificate.
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If your original marriage certificate is not in English, an affidavit translation of your marriage certificate.
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If you are born inside Australia and an Australian citizen, your citizenship document.
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If you are not a citizen, document proving your residence (i.e. visa document).
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If your marriage is less than 02 years at the time of making the divorce application, a counsellor's certificate.
Conclusion
Divorce can be a very difficult time in your life. However, our expert divorce lawyers at MJ Legal can make the journey hassle free for you by guiding you from the very beginning with legal advice to the stage of making your divorce application, and through to the grant of your final divorce order.
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Keith James
Keith is a graduate of Monash Law School. He moved to Melbourne, Australia in 2014 and has a passion for working with migrants, who aspire to call Australia their dream home. Being a migrant himself, he has a tremendous capacity to empathise with the problems his clients face and focuses on providing them with outcomes that leads to Permanent Residency in the shortest possible time.
Keith practices in all aspects of Migration law, with a particular focus on Skilled Migration and Family visas. He stays abreast on the latest updates in state nomination criteria and has a wide range of options available to assist his clients navigate their migration aspirations.
- LLB (Monash University, Australia)
- Member (Law Institute of Victoria)
- Member (Migration Institute of Australia)
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