Divorce/Seperation
How to apply for divorce?
1. Before you start
You can apply for a divorce by yourself (sole application) or together with the other
party to the marriage (joint application).
If you make a sole application, you will be required to serve the application on the respondent. Court attendance is required if there are children under the age of 18 years. Court attendance is not required if you file a joint application.
2. Are you eligible to apply?
You (or the other party to the marriage) must answer YES to at least one of the following:
● Were born in Australia or have become an Australian citizen by descent (born outside Australia and at least one parent was an Australian citizen and your birth is registered in Australia).
● Are an Australian citizen by grant of Australian citizenship (a citizenship certificate will be required).
● Are lawfully present in Australia and intend to continue living in Australia. You must have been living in Australia for at least the last 12 months - evidence must be provided e.g. your passport showing the date of arrival at least one year prior and a valid or current visa.
To get a divorce you must have been separated for 12 months and 1 day or longer.
3. Do you have your marriage certificate?
If you have been married less than two years you will need to file a counselling certificate. If you have been separated and living in the same residence for any part of the twelve months prior to filing your application you will need to provide extra evidence to prove that there has been a change in the marriage by preparing and filing an affidavit. If there are children of the marriage who are under 18 years of age
it is important to provide particulars of the arrangements including housing.
If you are unable to locate your spouse, even after you have taken all reasonable steps to locate them you will need to upload a further application seeking an order to dispense with service or for substituted service. If you are living overseas you may still be eligible to apply for a divorce in Australia. Parties to a divorce that were married overseas can apply for a divorce in Australia.