FAQ - Frequently Asked Questions

Can I Divorce Without a Lawyer

Justice Family Lawyers Sydney

Yes, you can get a divorce without a lawyer. Most people do not use a lawyer when they are getting a divorce. This is especially the case when the divorce is reasonably straightforward. To get a divorce without a lawyer, you must fill out and file an application for divorce form.

These forms can be obtained from the Family Court of Australia’s website, or you can file online using an interactive form at the Commonwealth Courts Portal, www.comcourts.gov.au. You can file by yourself, as a sole applicant, or with your spouse, as joint applicants. Since 1975, Australian family law has worked under the principle of no-fault divorce, which means that neither party needs to prove that the other party did something to cause the marriage to break down.

Such previous grounds for divorce included drunkenness, adultery and imprisonment. The only necessary ground for divorce today is that the marriage has broken down irretrievably and that there is no reasonable likelihood of you and your spouse getting back together. If your divorce is straightforward, in that your spouse does not contest it and your circumstances are not out-of-the-ordinary, you should be able to divorce without a lawyer quite easily. However, a divorce order only ends your marriage.

It does not include arrangements for your children or your finances. If either you or your spouse apply to the court seeking parenting or financial orders, getting a lawyer is recommended. This way, you will know your rights and entitlements and better understand the process. You may represent yourself in court if you wish, but otherwise, a lawyer will be able to speak and argue for you.

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