What is the process of making a divorce application?

Amasha
March 9, 2023
4 min read
divorce process.png

Divorce process in Australia

Step 1: Proof of separation and irretrievable breakdown of marriage

First, you must meet the criteria for making a divorce application:

  1. You should be separated from your ex-partner for a minimum of 12 months (separation under one roof is also acceptable); and
  2. The marriage must be irretrievably broken down and there is no resumption of marriage.

Step 2: Decide on the type of divorce application.

  1. Joint divorce: If the parties are agreeable to apply for divorce together.
  2. Sole divorce: If parties are at conflict in applying for a divorce and parties are not in amicable terms with each other.

Step 3: Obtain legal advice and legal representation.

  1. If parties are making a joint divorce application, one lawyer can make the application on behalf of both parties.
  2. If parties are making a sole divorce application, each party needs to be independently represented by a lawyer.

Step 4: Making the divorce application, e-filing the documents with the courts portal and serving the divorce papers on the parties.

The divorce application and the supporting documents must be electronically filed with the Federal Circuit and Family Court of Australia, through the Commonwealth Courts portal.

If parties make a sole divorce application, the divorce application is required be served on the ex-partner of that applying party. This is usually completed by a process server, through email, post or by hand.

Step 5: Attend the court hearing if required (not a mandatory step in the divorce process)

Generally, parties are not required to attend a hearing prior to granting the final divorce order. However, if the judges are not satisfied with the divorce application or if a satisfactory parenting arrangement is not provided for children under 18, parties may be required to attend a hearing.

Step 6: Await court approval of the divorce.

The final divorce order will be uploaded into your file in the Commonwealth Courts portal and parties can download and retain a copy of the divorce order.

Key Takeaways

1. 12 months separation is mandatory prior to making a divorce application.

2. You can opt out for joint or sole divorce application depending on the level of amicability between you and your ex-partner.

3. Divorce applications can be e-lodged with the Commonwealth Courts portal.

4. Property and parenting disputes can be resolved either before or after making your divorce application.

Property and Parenting

We recommend that property and parenting disputes are resolved as early as possible, even before the divorce application is made with the court. You and your ex-partner may have had a  peaceful and an amicable separation, however, conflicts often arise at a future date. Therefore, having a formal agreement addressing both your property and parenting issues can be the best option.

You can enter into a property and parenting agreement either before or after making your divorce application. However, if you are planning to seek orders through the court for a property settlement, you must make the application with the court within 12 months of obtaining your final divorce order.

It is always recommended for parties to resolve their parenting and property disputes through mutual agreement to avoid costly and time consuming litigation.

Conclusion

The divorce process may seem quite straight forward, however, it is highly recommended to obtain legal advice from an expert when drafting your legal documents and navigating court processes. Obtaining legal advice can ensure that the application is completed accurately and will help you avoid any complications in the divorce process.

Please share this article

Need Legal Assistance?

Our experienced legal team is here to help you with your immigration and legal matters.

Client Reviews

Latest from Google

Thanushi Ranasinghe

Thanushi Ranasinghe

Highly recommend Keith and his team. When we were in a doubtful and stressful situation with our visa, Keith gave us a clear pathway and helped us understand what to do next. Even during uncertain times, he handled everything very professionally and calmly. Thamasha always explains everything in detail and makes sure we understand the process clearly. Also, whenever I call the office, whoever answers the phone is always very friendly and helpful. I can’t thank Keith and his team enough for their support. Special thanks to Keith for being so friendly and for the way he handled our different visa matters. We truly appreciate all the help. Thank you very much❤️

a month ago

Ranil Senavirathna

Ranil Senavirathna

My 485 visa was granted thanks to the amazing team at MJ Legal! Special thanks to Keith James and Thamasha, but the whole staff was fantastic and always kept me updated. Highly recommend their services!

a month ago

Chathurya Herath

Chathurya Herath

I had an excellent experience with MJ Legal Services. They assisted me with my Temporary Graduate (485) visa and other legal matters, and everything was handled professionally, clearly, and on time. Their team was supportive, knowledgeable, and always responsive. I highly recommend MJ Legal Services to anyone needing reliable legal and migration support. ⭐️⭐️⭐️⭐️⭐️

2 months ago

Chandrasiri Wanigapura

Chandrasiri Wanigapura

I would like to express my sincere appreciation to MJ Legal and its team particularly Keith James and Thamasha for their exceptional assistance in securing my employer-sponsored visa. I was faced with a very tight deadline. Through the remarkable professionalism, expertise, and commitment of Keith James and Thamasha, my visa was granted well ahead of schedule. Throughout the entire process, the MJ Legal team demonstrated an exemplary level of professionalism, efficiency, and responsiveness. Their advice was consistently precise, timely, and pragmatic, and their attention to detail ensured a seamless experience. What could have been a highly stressful and uncertain process was made significantly easier for me by their clear communication and dedication. I would highly recommend MJ Legal to anyone seeking reliable, knowledgeable, and results-driven immigration support. Their service truly sets the standard for excellence in this field.

6 months ago

Uththara Deshamani

Uththara Deshamani

I’m incredibly grateful to team of MJ Legal for their outstanding support in securing our Employer Sponsored (SC 482) visa. We were under a very limited timeframe, and at one point, we genuinely thought it would be impossible to get everything done in time. But thanks to the dedication and expertise of Mr. Jayantha, Keith, and Thamasha, our visa was granted successfully — well before the deadline! The team was highly professional, responsive, and supportive throughout the entire process. They guided us clearly through each step, ensuring everything was completed accurately and efficiently. Their attention to detail and commitment made a stressful situation so much more manageable. I highly recommend MJ Legal to anyone needing trustworthy and experienced immigration assistance. Thank you once again for your excellent service — we truly appreciate your help and look forward to working with you again in the future

6 months ago

Google

More reviews

See the latest on Google

Read authentic experiences from our clients.