Lorem ipsum dolor sit amet, consectetur adipisicing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi.

Contact Us

386 Victoria Parade, East Melbourne VIC 3002

Mon - Fri (8am - 7pm)

Call Us 24/7: 03 9419 6066

Follow Us

We always support you, you can contact us 24/7

Divorce Applications

In order to apply for divorce in Australia, and as a party to a marriage, you will need to satisfy certain eligibility requirements before making your divorce application.

The Application for Divorce form

To complete an Application for Divorce form there is a specific form to fill out. This application form can be found on the Commonwealth Courts Portal or FCFCOA website as follows:
https://www.fcfcoa.gov.au/fl/hdi/apply-for-divorce

  1. Once you’ve completed the Application for Divorce form, you’ll need to swear or affirm the form in the presence of a lawyer or a Justice of the Peace or other authorised persons who can witness your signature
    • As for who qualifies as an ‘other authorised person’ to witness your signature on the Application for Divorce form, this will be governed by the law of the state or territory in which you have your signature witnessed. This is because the relevant oaths and affirmations can vary depending on the state or territory. In light of this, you should check state or territory legislation before choosing a person to witness your signature on the form.

    If you’re overseas, your signature on your Application for Divorce form can be witnessed by a Notary Public, an Australian Diplomatic Officer or Australian Consular Officer, or an Employee of the Australian Trade Commission.

  2. Once the form has been completed and sworn/affirmed, the Application for Divorce form, you’ll need to post the form or deliver the original signed document and any other relevant documents to a Family Law Registry, along with two photocopies of each document. You will also need to include a photocopy of your marriage certificate, though this doesn’t need to be sworn or affirmed, or even certified. In addition, in the event that you’ve been married to your partner for less than two years, then you’ll need to provide a counselling certificate when you file for divorce. All of these documents will then be filed at the Family Law Registry. 

Frequently Asked Questions

There is no necessity for your spouse to agree to the divorce. In this instance, your application status would differ depending on whether or not your spouse decides to cooperate with you in relation to the application. Your application status would also change depending on whether you know the whereabouts/address of your spouse at the time of making the application.

  • you can either file a sole application by yourself, or else you can file a joint application together with your spouse.
  1. If your spouse does not cooperate with you in relation to the application, or you are unsure as to where they live, you would file a sole application. This would mean that you’d prepare and file the application as a sole applicant, with your spouse as the respondent. In the alternative, you would make a joint application (providing your partner agrees to the divorce and cooperates with you in preparing and filing the application), and together with your spouse you would be joint applicants.
  2. Once your application has been filed, you will receive a file number from the Court and a time and date for the hearing. If you make a joint application, the Court will hold onto the original document and provide your spouse with a sealed copy. If you make a sole application, you’ll receive both sealed copies, and you’ll need to serve one of these copies on your spouse, along with an information brochure from the Court.
A joint application with your spouse does not require you to serve the application on them. If, however, you file as a sole applicant, then you’re required to serve this application on your spouse.

  • 28 days if your spouse lives in Australia, or 42 days if they live overseas. You can either serve the application on your spouse by post or else have a third party serve the documents by hand, as you’re not allowed to serve them by hand yourself.
It is a requirement to have your spouse’s address for service of the application. If you are unable to determine your spouse’s address or location, or you cannot locate your spouse, even after taking all reasonable steps to do so, then you can apply for an order to either dispense with service or enable substituted service.
The cost for filing the divorce application is currently (at time of writing) $910. Depending on your individual circumstances, you might be eligible for a reduced filing fee, which is at the time of writing $305. In order to qualify
  • Evidence that you are a sole applicant, while the evidence would need to be provided by both you and your spouse if you’re joint applicants. You might also be able to have the filing fee reduced on the basis of financial hardship.
Other evidence may include –

  • Holder of a health care card or a pensioner concession card.
  • Evidence that you’ve been granted Legal Aid
  • Evidence of payments for youth allowance, Austudy or ABSTUDY;or. In addition, it might show that you’re 18 or under, or
  • a prison inmate, or otherwise in a public institution under legal detention.
Other issues to consider –
  1. Name change
    If your current name differs from your married or maiden name, you’ll need to file an affidavit with the Court that explains this difference.
  2. Children of the Marriage
    Arrangements relating to the children must be provided to the Court. This would include particulars of housing and arrangements for care, schooling, and the health of the children. Further particulars would include details of the contact to be had with each parent, as well as the reasons for limited or no contact with a parent, if applicable. A further component of the particulars would be the provision of financial support by either parent, in addition to the reasons for non-provision of financial support by a parent, if applicable.A child of the marriage would include any child of you and your partner, and the definition extends to any child who was born prior to your marriage or following your separation. The definition also includes any child who’s been adopted by you and your spouse, as well as any stepchild or foster child who was a member of your family before the separation.
Notes –
  • If you and your spouse are separated but have been living under the same roof in the 12 month period before filing your Application for Divorce, you will need to file an affidavit about how your relationship changed.
  • You cannot remarry until your divorce is finalised and becomes effective – the divorce process usually takes a number of months from when you file your application.