Applying for a Divorce: A Quick Snapshot

Applying for a Divorce: A Quick Snapshot

To Apply for a Divorce, it is necessary to make a formal application to the Court.

There are two ways this can be done:

1. As a Joint Applicant. This means you and your former spouse make the Application to Court together.
2. As a Sole Applicant. This means either you or your former spouse apply to the Court for a Divorce.

Requirements

To successfully apply for a Divorce:

• You and your former spouse need to have been separated for at least 12 months, and there must be no reasonable likelihood you will get back together.
• Either you or your spouse must be an Australian Citizen (or regard Australia as your home and intend to live in Australia indefinitely; or you live in Australia and have lived in Australia for 12 months prior to making the Application for Divorce).
• You must provide the Court with your Marriage Certificate. If the Certificate is not in English you need to file an “Affidavit Translation of Marriage Certificate” which attaches the original Marriage Certificate and the Translation.
• You must give information about any children of the marriage, as the Court must make one of the following declarations:
  • There are no children of the marriage under 18 years old,
  • There are satisfactory arrangements in place for children of the marriage that are under 18 years old, or
  • The Court must be satisfied that there is a good reason the divorce should be granted even if there are not satisfactory arrangements in place for the children of the marriage that are under 18 years old.

(It is important to note the Divorce Order does not determine what parenting arrangements should be in place - despite requesting information about the care arrangements in the Application).

Will you have to attend a Court Hearing for the Divorce?

If you make a Joint Application to the Court, there is no requirement to attend the Divorce Hearing (unless you indicate to the Court that you wish to do so).

If you apply to the Court as a Sole Applicant, the Court no longer requires an appearance at the Court event if there are children under the age of 18 years.

Attendance at the Divorce Hearing is only required if:

• You indicated on your Application that you wish to attend the Court Hearing;
• The Respondent has requested to attend the hearing where there are children of the marriage under 18 years;
• The Respondent files a Response to Divorce opposing the Application for Divorce; or
• You have applied for an Order for substituted service or dispensation of service if you have been unable to locate your former spouse to serve the documents.

The Divorce Hearing itself is now conducted electronically.

If you do need to attend the Court Hearing, the Court will post details for the Electronic Attendance on the Commonwealth Courts Portal after you have filed your Application for Divorce.

Can I do this myself?

May people make the application themselves. The court website provides guidance and an explanation of the fees. We are engaged to prepare the application for clients on a regular basis.