Step 1 – Proof of Marriage. This is normally done with a marriage certificate. If it is in another language then you will need to change it to English, however, if you don’t have a marriage certificate then our family law experts can assist you in getting one.
Step 2 – Proof of Separation. You must show that you’ve been separated for at least 12 months before filing your divorce application. If you are still living together in the same house, you can be considered to be separated. You don’t need to officially register your separation, however, you should take note of the date that you and partner do separate. An easy way to do this is to write an email to one another confirming the date of separation.
Step 3 – Care of Children. If there are children involved with the relationship, you must have some arrangement where the children are safe and are properly taken care of. The court must be satisfied that the children are not being neglected and have a place to stay.
Step 4 – Submit divorce application online. Preparing and submitting a divorce application is now an easy process. The easiest way to submit a divorce application is online. In order to do this, you will need to register with the Family Court. You can do so by clicking here.
Step 5 – Serve application on ex-partner. Once you have completed your application, you must serve your application on your ex-partner. You must give it to your ex-partner at least 28 days prior to the divorce hearing. If they live overseas, you need to allow for 42 days.
After you filed for divorce you will receive a hearing date that will be about 8 weeks from the point of filing.
First of all, you must make sure that the application for a divorce must be given (served) to the other party at least 28 days before the hearing date. You can do this yourself or organise a professional company or lawyer to do this for you.
Once this is done, the court will grant a ‘decree nisi’, meaning that the marriage will end on a proposed date. The proposed date is 1 month and 1 day after the decree nisi was granted. This will be the date that your divorce is finalised.