Divorce can be a challenging and emotional journey, and understanding the legal process is crucial for those seeking to end their marriage in Australia.

This guide is designed to help divorce clients navigate the divorce process in Australia to ensure that you find the information you need easily, from the initial steps to the finalisation of your divorce.

Understand the Eligibility Criteria

Before filing for divorce in Australia, it's essential to ensure that you meet the eligibility criteria. These criteria include:

• You and your spouse must have lived separately and apart for at least 12 months.

• There must be no likelihood of reconciliation.

• If you've been married for less than two years, you must attend counselling to consider reconciliation.

• You or your spouse must be in or have a connection to Australia.

Obtain the Required Documents

To initiate the divorce process, you will need to gather the necessary documents. These typically include:

• Your marriage certificate.

• If you have children under 18, you will need to provide information about their living arrangements, finances, and parenting plans.

File an Application for Divorce

To apply for a divorce in Australia, you must complete the Application for Divorce form. It's essential to ensure that all the information provided is accurate and up-to-date.

Pay the Application Fee

As of November 2023, the filing fee for a divorce application in Australia is approximately $1,060. This fee can change, so it's important to verify the current cost.

Serve the Divorce Application

After you've submitted your divorce application, you may need to serve the application and a copy of the marriage certificate on your spouse. Your spouse will then have 28 days to respond. If they do not respond, the court may proceed with the divorce application without their input.

Attend the Divorce Hearing

In some cases, you may be required to attend a divorce hearing. This is more common when there are children involved or if your spouse disputes the divorce. If the court approves your application, you will receive a Divorce Order.

Finalising the Divorce

After the court grants the Divorce Order, your divorce will be final one month and one day after the court hearing. This is when the divorce becomes official, and you are legally divorced in Australia.

Navigating the divorce process in Australia can be challenging, but with our help, you can simplify the process. Remember to meet the eligibility criteria and gather the necessary documents. While the process can vary for each individual, this guide serves as a general overview.

For the latest information and legal advice, it's essential to consult with a qualified family lawyer in Australia.

For more expert insights on divorce and family law in Australia, explore our blog or contact Quick Laws today. We're here to help you through every step of your divorce.

This article contains information of a general nature only and is not specific to your circumstances. This is not legal advice and should not be relied upon without independent legal or financial advice, specific to your circumstances.