Separated, or thinking about separation?
Applying for a divorce in Australia
If you would like to apply for a divorce and your separation is relatively straightforward you may be able to apply using a divorce kit. You can commence this process after you have been separated for a period of no less than 12 months.
You can make an application for divorce individually or jointly. Your application is a separate process to any property settlements or parenting arrangements. Once you have filled out the application and had it witnessed by either a lawyer or justice of the peace, you can file the application (and pay the filing fee) at the court registry.
Once your application for divorce is filed, you will be given a future court date. In some circumstances, you can be excused from attending the divorce hearing.
The court no longer posts hard copies of divorce orders. Your divorce order will be made available to you through the Commonwealth Courts Portal after the order has become final. The divorce order has an electronic seal and signature and is an original order. This divorce order is the only official and original record the court issues and is evidence that a divorce order has been made.
You must finalise any property settlement within 12 months of the date of your divorce.
Before applying for a divorce (with or without a divorce kit), you should seek legal advice in relation to your circumstances
Read more about the divorce process.