If you are wondering how to get a divorce, we understand that you must be facing stress and mental anguish. Divorce or separation can be understandably painful. We aim to simplify the question of “how to get a divorce” to help ease the burden you must be facing.
In this blog, we provide a 2023 guide on “how to get a divorce in Australia?” and consolidate all information for you so you have access to it in one place.
Firstly, note that there are certain things to be done both before the divorce application, and after the divorce application. For instance, property settlement, child custody and child support are all matters you should consider finalising after the divorce or de facto separation.
But when it comes to how to get a divorce, let’s look at the basic steps involved. To get a divorce in Australia you must be an Australian citizen, or have lived in Australia for at least 12 months before you become eligible for filing for divorce. Moreover, you and your partner must have been married for at least 2 years. If you meet this requirement, read on below to find out how to get a divorce in 2023.
How to Get a Divorce in Australia?
In this section, we explain some steps that you can keep in mind after you have determined eligibility for applying for divorce in Australia.
Separation: Have you and your former spouse been separated for at least 12 months? In Australia, to make a divorce application, this is required. It is also possible that you and your former partners had been separated but were living under the same roof. If so, you must prove evidence of separation.
Evidence of Marriage & Evidence of Separation: To legally end your marriage, you will need to have some kind of proof of marriage. Typically a marriage certificate serves as evidence of marriage. If your certificate is not in English, you must consider translating it to English. Furthermore, evidence of separation include:
- separated bank accounts;
- notification to family and friends about separation, etc.
Divorce Online Application: The primary response to “how to get a divorce in 2023” is that you have to file an online application. You can either file a sole or a joint divorce application.
Where do you start with this? Check the Commonwealth Courts portal here. You have to eFile your divorce application. If your spouse does not agree with the divorce, you may apply by yourself and then serve the application to your spouse. This would be a sole application. Note that you must serve the application to your spouse at least 28 days before the divorce hearing.
You must also then submit and lock the online application after paying relevant filing fee. The filing fee changes every year. As of July 2023, the fee for application for divorce is $1060.
What Happens After You Have Made the Online Application?
Once you complete the process of eFiling your divorce application, you have to wait for a period of time during which the court will review the application to ensure if all requirements are met.
If both parties are in agreement, a divorce hearing is not generally required. Note that in case of sole divorce application and if you have children under 18 years of age, you will need to attend court hearing. During the hearing, the court will consider your application and make a decision.
Finally, if everything is in order, the court will grant a divorce, and you will receive a Divorce Order. Where the court has a record of the order, the parties may also receive an official document in the form of a divorce certificate.
As you may be aware, divorce process only deals with the dissolution of the marriage itself, while issues such as property settlement and child custody are separate legal matters. Therefore, when reading up on ‘how to get a divorce’ you must also understand the concepts of property settlement, child custody and child’s support
It’s advisable to seek legal advice from a family law solicitor who can guide you through the process and provide personalised advice based on your circumstances.
Seek Legal Advice from Our Family Lawyers For More Information
This blog has aimed to answer the question ‘how to get a divorce in Australia.’ For any assistance with making applications, it is necessary to speak with leading family lawyers. At JB Solicitors, we can help you with:
- Filing divorce applications
- Finalising property settlement
- Mediation for property settlement or child custody
- Appalling for consent orders or parenting orders
- Making binding financial agreements (BFAs)
Our lawyers can also represent your interests during proceedings in family court and Federal Circuit court where required. We have the experienced of dealing with various cases under family law. Our lawyers can help you feel less stressed with family law-related matters.
Contact our firm today.
For more information, read these relevant blogs below:
- Family court lawyers: https://jbsolicitors.com.au/lawyers-for-family-court/
- Married overseas: https://jbsolicitors.com.au/overseas-marriages-recognised-in-australia/
