Separated or thinking about Separation?
Using a Divorce Kit – How to Divorce in Australia – Application for Divorce
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.
Once the divorce is granted, the court will send you a copy of your Divorce Order. This document is an official record of the divorce being 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
You can read more about the Divorce Process.