Divorce

Divorce is governed by the Family Law Act 1975. Below are the key steps and requirements for filing for a divorce:

• Separation Period: You and your spouse must have been separated for at least 12 months. If you and your spouse have been separated under the same roof, you must file an affidavit to prove that you were living separate lives.
• Jurisdiction: Either you or your spouse must be an Australian citizen, a resident of Australia, or have lived in Australia for at least 12 months before applying.

• You can apply for divorce through the Federal Circuit and Family Court of Australia either individually (a sole application) or jointly with your spouse.
• Required documents include the application form, a copy of your marriage certificate, a citizenship document if born outside of Australia, and any affidavits if additional evidence is needed (e.g., for separation under one roof).

The standard filing fee is approximately AUD $1,060. Fee reductions are available if you hold a concession card or are experiencing financial hardship.

If filing a sole application, you must serve the divorce papers to your spouse. This can be done by a third party or a process server. If you cannot locate your spouse, you can apply for substituted service or a dispensation of service.

• If there are children under 18, you must attend a court hearing. If you apply jointly or there are no children under 18, a hearing is not necessary.
• The court considers whether proper arrangements have been made for the care and welfare of the children.

If granted, the court issues a divorce order, which becomes final one month and one day after the order is made.

Divorce does not automatically settle property, financial, or parenting arrangements. After a divorce order is granted, you have 12 months to apply for property or spousal maintenance orders.

For assistance in filing your divorce application, contact Buckley Lawyers on 02 9220 1737.