8 Steps to Apply for a Divorce

Divorce is a legal process that dissolves a marriage, and understanding the steps involved in completing a divorce application is crucial for individuals seeking to end their marital relationship in Australia. This article aims to provide a comprehensive overview of the divorce application process in Australia, including the necessary forms and requirements.

Step 1: Eligibility for Divorce

Before initiating the divorce application process, it is essential to ensure that you meet the eligibility criteria. The Family Law Act 1975 governs divorce in Australia. According to the Act, a court may grant a divorce if:

1. The marriage has irretrievably broken down with no likelihood of reconciliation.

2. The parties have lived separately and apart for a continuous period of at least 12 months immediately preceding the filing of the application.
   
   

Step 2: Preparing the Divorce Application

To initiate the divorce process, the first step involves completing and lodging the necessary divorce application form with the Federal Circuit and Family Court of Australia. The form required for this purpose is called "Application for Divorce". This form can be obtained online from the Federal Circuit and Family Court's official website or by visiting the court registry in person.

Here is the link to access the Application for Divorce forms.

Step 3: Completing the Divorce Application Form

The Application for Divorce form requires you to provide certain essential information, including:

1. Personal details: This includes your full name, address, date of birth, occupation, and details of any previous marriages.

2. Marriage details: You need to provide information about the date and place of marriage, as well as the names and birth dates of any children from the marriage.

3. Grounds for divorce: In this section, you need to demonstrate that the marriage has irretrievably broken down with no likelihood of reconciliation.

4. Arrangements for children: If you have children under the age of 18, the court requires information about their living arrangements, custody, and financial support.

5. Supporting documents: Depending on your circumstances, you may need to attach supporting documents such as a copy of your marriage certificate, evidence of citizenship or residency, and any relevant court orders or agreements.
   
   

Step 4: Filing the Divorce Application

After completing the Application for Divorce form and gathering the necessary supporting documents, it is time to file the application with the Federal Circuit and Family Court. You can file the application online using the Commonwealth Courts Portal, or you can print the form and file it in person at the court registry.

Step 5: Serving the Divorce Application

Once the application is filed, you are required to serve a copy of the divorce application on your spouse. The purpose of serving the application is to inform your spouse about the divorce proceedings and provide them an opportunity to respond. Service can be done by post, hand delivery, or by engaging a process server.

Step 6: Obtaining a Divorce Hearing Date

After the application has been served on your spouse, the court will review the application and set a hearing date. If the court is satisfied that all the requirements have been met and there are no issues that need to be resolved at a hearing, it may grant a divorce without the need for a court appearance.

Step 7: Attending the Divorce Hearing (if required)

If there are no children of the marriage under the age of 18 and both parties have signed a joint application, attending a divorce hearing may not be necessary. However, if the divorce application is filed individually or if there are children under the age of 18, the court may require you to attend a hearing. During the hearing, you may need to provide additional information or answer questions from the court.

Step 8: Obtaining the Divorce Order

If the court is satisfied that all the legal requirements have been met and the marriage has irretrievably broken down, it will grant a divorce order. The divorce becomes final one month and one day after the order is granted, and a Divorce Order is issued by the court.

Obtaining a divorce in Australia involves a series of steps, starting from the completion and filing of the divorce application form to attending a hearing (if required) and obtaining a divorce order. This article has provided an overview of the divorce application process in Australia, including the necessary forms and requirements. It is advisable to seek professional legal advice or assistance when navigating the divorce process to ensure compliance with all relevant laws and to address any specific circumstances that may arise during the process.

Please contact us on (02) 4444 6808 or contact@ardentlawyers.com.au if you would like us to assist you to complete your divorce application. We complete this service for a fixed fee of $990 incl GST.