A One Stop Shop for Family Law in Australia
Online Pubisher of Family Law Legal Information in Australia
An Application for Divorce in Australia does not have to be physically filed in Court or posted to the Court for filing. In Australia, you can do your own Divorce Application and file your Application for Divorce online over the internet, saving time & money.
There is a usual procedure that everyone must follow to get a divorce in Australia.
A checklist of each step you will need to follow to get divorced in Australia is:
If you do not correctly follow all of the procedural steps listed above, the court may not grant the divorce and may adjourn your Divorce Application to another date to give you time to carry out any necessary steps you have not done.
Otherwise you can obtain the Application for Divorce Kit from the Family Law Courts website here or here for Western Australian applicants.
The Divorce Service Kit from the Family Law Court's website can be accessed here together with a YouTube video explaining serving divorce papers.
Courts do not consider all issues when granting a divorce. The Court will not look at issues of property settlement at all and only ask questions about child support and parenting arrangements in a very brief manner. The issues the Court looks when considering your Application for Divorce at fully explained in our fact sheet What things will a Court want to know to grant a Divorce.
How much your Divorce will cost you and how long it will take to get divorced are important questions you need to know the answer to. We also have a fact sheet explaining How much will a Divorce cost and how long does it take.
You can read information in our fact sheet on What you need to do to be able to apply for a Divorce including information about the requirements to apply, overseas marriages, separations under the same roof and how periods of reconciliation are treated.
If you have been married for less than two years (including the period you have been separated) the court has additional requirements which are detailed in our fact sheet Divorce for Marriages under 2 years duration.
Especially if you are representing yourself you should be prepared for what will happen in Court on the day of your Divorce hearing. Read more in our fact sheet What happens at the Divorce Hearing.
Dealing with the most important issues surrounding your children, finances and property can leave you to overlook some very important legal issues which could affect your children and family. You should also know what is set out in our fact sheet How does Divorce affect your Will, Superannuation, Life Insurance and family after death.
Michelle Beatty, Senior Lawyer
Other Questions answered in the Divorce Section
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