Step-by-Step Guide to Applying for Divorce in Australia | Bansal Lawyers

Jan 15,2025

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Your Step-by-Step Guide to Applying for Divorce in Australia

At Bansal Lawyers, we understand that divorce is a life-altering and emotional journey. Navigating the legalities of divorce can be overwhelming, but we are here to guide you through the entire process with clarity and confidence.

1. Understanding Divorce Jurisdiction and Process in Australia

In Australia, divorce is regulated by the Family Law Act 1975 and administered through the Federal Circuit and Family Court of Australia (FCFCOA). The court has jurisdiction to grant a divorce order once it is satisfied that the marriage has irretrievably broken down and the parties have been separated for at least 12 months.

Thanks to digital advancements, divorce applications can now be lodged online through the Commonwealth Courts Portal, making the process more convenient and efficient for applicants.

At Bansal Lawyers, we understand that divorce can be emotionally complex and legally overwhelming. Our team offers professional guidance and personalised support to ensure the entire process is handled smoothly and in accordance with the law.

2. Your Divorce Application Options

Depending on your situation, you may apply for divorce in one of two ways:

Sole Application

  • Filed by one spouse without the other’s involvement in the initial submission.

  • The applicant is responsible for serving the divorce papers to the other party.

  • Court attendance may be required if there are children under 18, to confirm suitable arrangements are in place.

Joint Application

  • Filed together by both spouses.

  • No need for one party to serve the application on the other.

  • Generally, no court appearance is necessary, even if children are involved—provided all documents are in order.

At Bansal Lawyers, we can help determine which option suits your circumstances and ensure the application is completed without errors.

3. Are You Eligible to Apply for Divorce?

To apply for divorce in Australia, you must meet the following eligibility requirements:

  • Residency: You or your spouse must be an Australian citizen, a permanent resident, or have lived in Australia for at least 12 months prior to filing.

  • Irretrievable Breakdown of Marriage: There must be no chance of reconciliation.

  • Separation Period: You must be separated for at least 12 months and 1 day.

If you’ve been living under the same roof during separation, you’ll need to provide additional evidence, such as affidavits, to prove the separation occurred.

4. What Documents Do You Need?

The following documents are essential when lodging your divorce application:

  • Marriage Certificate: If it’s in a foreign language, a certified English translation must be provided.

  • Proof of Separation (if applicable): This is required if you and your spouse lived together during part or all of the separation period.

  • Counselling Certificate: Needed if you have been married less than two years, unless exempted.

We assist in ensuring all necessary documents are correctly prepared and submitted to avoid delays or rejections.

5. How to File Your Divorce Application

The application process involves the following steps:

  1. Register: Create an account on the Commonwealth Courts Portal.

  2. Complete the Form: Provide detailed information about your marriage, separation, and any children.

  3. Upload Supporting Documents: Attach your marriage certificate and any other required documents.

  4. Pay the Filing Fee: The standard fee is $1,100, but a reduced fee of $365 may apply if you hold a concession card or can demonstrate financial hardship.

Bansal Lawyers can file on your behalf or assist you in completing each step correctly.

6. After Submitting Your Application

Once the application is submitted:

  • The court will review your documents and may schedule a hearing.

  • If it’s a sole application, you must serve documents on your spouse and provide proof of service.

  • If the court is satisfied that the legal requirements have been met, it will grant a divorce order, which becomes final one month and one day after the hearing.

We will track your application, manage deadlines, and represent you if court attendance is required.

7. Important Considerations Before Applying

There are specific situations where extra steps or documentation may be needed:

  • Married Less Than 2 Years: You must attend marriage counselling and submit a certificate before filing, unless you receive court permission to proceed without it.

  • Separated but Living Together: You will need to provide affidavit evidence from both yourself and a third party outlining how the separation was maintained under the same roof.

  • Children Under 18: The court must be satisfied that appropriate parenting arrangements are in place before granting a divorce.

We assist with drafting affidavits, obtaining counselling certificates, and ensuring the court receives all necessary information.

8. Let Bansal Lawyers Guide You Through the Process

At Bansal Lawyers, we offer compassionate, strategic, and efficient legal assistance to individuals seeking divorce across Australia. Our services include:

  • Evaluating your eligibility and advising on your options

  • Drafting and lodging your application

  • Helping you gather required documents

  • Serving papers and meeting court deadlines

  • Representing you in court where necessary

  • Assisting with related matters such as property settlement, parenting arrangements, and spousal maintenance

Contact us today to make this process as smooth and stress-free as possible.

Related Information

  • Penalty for Hiding Assets in Divorce Australia.
  • How Much Does Divorce Cost in Australia?
  • How Long Does It Take to Divorce in Australia?
  • How Long After Divorce Can You Remarry in Australia?
  • Future Inheritance in Divorce Settlements Australia.
  • Divorce Process Victoria.