How To Get A Divorce
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Getting a Divorce in Australia When Married Overseas
The requirements to get a divorce in Australia include that you have been married for at least 2 years and separated for a minimum of 12 months. The separation period must be genuine and intended as a permanent end to the marriage. This can include situations where you have been living in the same home but apart as a couple, provided you can show the court that you were indeed separated.
If you meet these requirements, you may prepare your own divorce application or ask a family lawyer to prepare it for you. A lawyer can help ensure your documents are accurate and complete, which can reduce the risk of delays.
- The process to get a divorce in Australia can be broken down into 5 main steps:
Step 1 – Gather proof of marriage
You will need an official marriage certificate. If it is in another language, you will need a certified English translation. If you do not have a copy, it is possible to request one from the relevant registry or authority. In some cases, where the original record is unavailable, other documentary evidence may be accepted.
Step 2 – Prepare your online application
Divorce applications are completed online through the Commonwealth Courts Portal. The portal will guide you through a series of questions. You will need to provide personal details, the date of separation, and information about any children of the marriage.
Step 3 – Submit the application online
Once you have reviewed the application for accuracy, you will finalise it in the portal and pay the filing fee. The court will then issue a sealed copy of the application.
Step 4 – Notify your former spouse
If you and your spouse complete a joint application, both of you will sign the documents and no service is required. If you are filing a sole application, you must arrange for the sealed documents to be served on your spouse. This must be done at least 28 days before the hearing if your spouse is in Australia or 42 days before if they are overseas. Service must be completed by someone over 18 who is not a party to the proceedings.
Step 5 – Check if you need to attend court
Attendance at a divorce hearing is required for sole applications involving children under 18. If you have a joint application or there are no children under 18, the court can deal with the matter without your attendance.
Reviews
Sole Divorce Application Process
A sole divorce application is where one spouse applies without the agreement or participation of the other. The applicant completes the online application and arranges for it to be served on the other party. Service is a formal process and is usually carried out by a third party to avoid disputes about whether the documents were received.
If the other party is difficult to locate, you may need to apply for substituted service or dispensation of service, which allows you to serve documents in an alternative way, such as via email or social media, if the court approves.
Joint Divorce Application
A joint divorce application is made when both parties agree to end the marriage and meet the separation requirement. The application is completed and signed by both parties before being filed online. Because there is mutual agreement, service of documents is not required.
The court will still need to be satisfied that there are proper arrangements for any children under 18. If there are no children under that age, and the paperwork is complete, the process is generally straightforward.
Divorce Case Studies
Scenario 1 – Joint application without children
John and Lisa have been separated for 12 months and agree to divorce. They file a joint application online. As there are no children under 18, they do not need to attend court.
Scenario 2 – Sole application with children
Paul and Jane have one child under 18. After 12 months of separation, Paul applies for a divorce but Jane will not communicate with him. Paul files a sole application and arranges for a process server to deliver the documents. Because there is a child under 18, Paul attends the hearing.
Scenario 3 – Marriage overseas, spouse overseas
Francis and Laila married in Thailand. After separating, Laila moved to the USA and Francis remained in Australia. Francis files a sole application with a translated copy of the marriage certificate. The court allows him to serve the documents via Facebook.
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Frequently Asked Questions
Once filed, you will receive a hearing date, usually several weeks away. The documents must be served within the required timeframes if you are making a sole application. After the hearing, if the divorce is granted, the order takes effect one month and one day later.
There is a filing fee payable when you lodge your application. Some applicants may qualify for a reduced fee if they meet certain criteria.
If your documents are in order, the process generally takes a few months from filing to the divorce becoming final.
You can file the application yourself, but a lawyer can help ensure your documents are correct and that you meet all procedural requirements.
There is no special process for a “quick divorce,” but joint applications and situations where both parties cooperate can progress more smoothly. In rare cases, the court may consider an urgent application.
Yes. You can apply for a sole divorce, and as long as the service requirements are met, the divorce can proceed without their agreement.
Yes, if you meet the legal connection requirements, such as being an Australian citizen, domiciled in Australia, or ordinarily resident in Australia. The process can be managed online, and documents can be served internationally.
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Is It Time to Move Forward with Confidence?
Are you ready to take the next step towards finalising your divorce? At Justice Family Lawyers, we understand that ending a marriage can be both emotionally and practically challenging. Our experienced team can assist you with preparing and filing your application, ensuring all requirements are met and the process runs as smoothly as possible. Whether you are filing a sole or joint application, dealing with a spouse overseas, or have children under 18, we provide clear guidance every step of the way. Contact Justice Family Lawyers today to discuss your situation and find out how we can assist you moving forward.