Divorce: The Guide
In Australia, we have a no-fault divorce system. So it does not matter why a relationship has ended or who is at fault for the breakdown of the marriage.
Divorce applications are made electronically to the Federal Circuit and Family Court of Australia. To apply for a Divorce, you must meet these requirements:
1. One of the parties must:
Have been born in Australia or have become a citizen by descent; or
Are an Australia citizen by grant of citizenship; or
Are lawfully present in Australia and continue to live in Australia for at least 12 months before filing the application.
2. The marriage must have broken down irretrievably, and there is no likelihood that you will get back together.
3. You must have been separated for 12 months and 1 day or longer.
4. You must have your marriage certificate.
There may be other documents that you will need to provide to the Court when the application is filed (e.g. certificate of citizenship).
An application can be filed by one party alone, or both parties can apply jointly. A sole application will require the applicant to then prove that the Divorce Application (and other required documents) have been served on the other party. Service can take place in person (e.g. a process server is engaged), by post, or on the other party’s lawyer.
The Court has strict requirements on what documents must be filed and when service of documents must be effected. Typically, it takes between 3 to 4 months for a Divorce Order to be issued by the Court, provided all of the Court requirements have been met.
Once you are divorced - this is the legal end of the relationship. But Divorce also impacts other important legal and financial issues for the parties - including a time limitation on when property settlement Court orders can be made (12 months from date of the Divorce Order being made final). A Divorce Order also will impact the provisions of any existing Will, Enduring Power of Attorney and other estate planning documents. If you are applying for a Divorce, even if you intend on doing this as a self-represented applicant, it is still important to seek detailed legal advice from an experience family lawyer to ensure that your legal and financial interests are all protected.