Divorce - how to get one
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How do I get a divorce?
You can apply for a divorce after you have been separated for 12 months. You can apply together (joint application) or on your own (sole application) at the Federal Magistrates Court of Australia or the Family Court of Western Australia. Most people apply without using a lawyer. You can get a free divorce kit from the family law courts website, which has all the forms you need, or you can use the on-line form Federal Magistrates Court – Online Application for Divorce.
If you apply on your own you must also 'serve' your ex-partner with the application. Serving means making sure they are given the divorce papers, so they know about court. There are special rules about serving. You cannot serve your ex-partner personally but you can do so by mail.
There are also forms that must be filled out to prove that the other person has been served. You will get these forms from the court when you file your application. Information about serving documents is available on the court website.
Do I have to pay to apply?
You have to pay a court filing fee, unless you are on a pension or benefit, or have a health care card or if paying will cause you financial hardship. Ask at the court for more information.
What if we were only married for a short time?
An application for a divorce order cannot be filed within two years of the date of marriage, unless you and your spouse go to a counselling session or there are special circumstances that make it difficult for either person to go to counselling.
A form is available at the Federal Magistrates Court of Australia or on the family law courts website, which must be signed by the counsellor and accompanied by the application for divorce. If your spouse refuses to go to counselling or you do not wish to go with them, get legal advice.
Do I have to go to court?
It depends on whether you are making a sole or a joint application. If you are making a joint application, you do not need to go to court. If you are making a sole application and your children are under 18 and were part of the family prior to separation, then you must go to court unless there are special circumstances.
When is the divorce granted?
The court will grant a divorce order if all the proper steps have been taken and, if there are children, the court is satisfied that proper arrangements have been made for their care.
The divorce is made final at the end of one month after the order is made, unless there are special circumstances. A copy of the divorce order will be sent to you by post. Keep it in a safe place. It is your proof of divorce.
How long does it take to get a divorce?
Allow several months from the time you file for divorce to the actual date of divorce. If there are problems with your application it may take longer. If you plan to remarry, allow plenty of time. You cannot remarry until the divorce order is made final.
Acknowledgement - Prepared using fact sheets which are copyright to the Commonwealth of Australia and National Legal Aid.