In Australia, a divorce certificate is closely related to a divorce order. A divorce certificate in Australia is an official document that confirms the dissolution of a marriage. On the other hand, a marriage certificate is a legal document confirming that two people are married on the wedding date.
Parties may require evidence of divorce for various purposes, and the divorce certificate serves as legal proof that the marriage has ended.
Note that the Federal Circuit and Family Court of Australia (FCFCOA) states that depending on the state you are in, you may receive a divorce order, or a divorce certificate depending on when the court granted the divorce. They are both official court documents.
Generally the Judge or Registrar will decide whether to grant you a divorce after presiding over your case. The divorce order effectively changes the legal status of parties.
For Western Australia (WA), the Family Court of Western Australia states that the Court prepares a divorce certificate once the divorce order is in effect. This divorce certificate serves as evidence of the divorce.
What are the purposes of divorce certificate? The Australian divorce certificate is an essential document for various purposes. This is important for:
- changing one’s name,
- remarrying,
- or addressing financial and legal matters post-divorce.
How to Get a Divorce Certificate Australia?
If you are seeking a divorce certificate, you need to first make an application for divorce. In this section, we have summarised few key steps to obtain a divorce certificate:
- Complete the Application: Fill out an Application for Divorce from the Family Court of Australia or the Federal Circuit Court of Australia. You can do this online or obtain a physical form from the court.
- Pay the Filing Fee: Pay the required filing fee when submitting your application. The fee amount can change, so check the court’s Australia website for the current fee schedule.
- Serve the Application: Serve a copy of the divorce application on your spouse (if you make a sole application). Follow the court’s guidelines for proper service, which may include using a process server or registered mail.
- Wait for Response: Your spouse has 28 days to respond to the divorce application. If they don’t contest the divorce or have no objections, the court will grant the divorce.
- Attend the Hearing (if necessary): If there are contentious issues or child custody matters to resolve, you may need to attend a court hearing.
- Finalise the Divorce: Ensure that the FCFCOA has finalised your divorce. This typically requires you and your spouse to have been separated for at least 12 months and filed for divorce.
- Obtain the Divorce Certificate: Once the court grants divorce, it will send you a Divorce Order. Following this you can access the certificate on the Commonwealth Courts portal. This is also the portal through which you can access divorce forms to apply for divorce online.
When Do Courts Make a Divorce Order?
The court will make divorce orders if it believes that:
- you and your partner were legally married;
- the marriage of you and your partner has irretrievably breakdown;
- you served the Application of Divorce correctly on your spouse (in case of sole application)
- you and your spouse were separated for 12 months at least when you or your partner, or both of you filed the Application for Divorce
- in case there are children in the marriage, you and your spouse have made all relevant parenting and care arrangements for the children.
If the court believes that all the above points apply, it will grant the parties with a Divorce Order.
Where to Get the Divorce Certificate?
Once the court makes a divorce order, the divorce becomes final one month and one day after that date the court made the order. Following this, you can access the Commonwealth Court portal here to get the divorce certificate and other divorce records. You will need the file number of your divorce case to log into the portal and access the certificate.
Whereas in Western Australia, you will need to get the divorce certificate after contacting the Family Court of Western Australia.
A divorce certificate in Australia is a comprehensive legal document that provides information about the divorce process, including identification details, divorce specifics, and any relevant legal implications. It serves as an essential record of the dissolution of a marriage. Parties may often need this document for various purposes following divorce.
Importance of Obtaining Legal Advice
Family lawyers have a wealth of experience in all matters related to divorce including property disputes and child-custody disputes. Whether you are disputing over property valuation or division of assets, it is necessary to seek the advice of leading family lawyers.
Note that if parties are not married for more than two years, they may need to attend counselling with a family counsellor to obtain a counselling certificate. Alternatively, they may need court permission to apply for a divorce without the counselling certificate. For more enquiries on this, reach out to our team.
Our team of lawyers are experts in all legal matters related to family and domestic relationships. Their primary role is to provide legal guidance, advice, and representation to individuals and families facing various family law issues. We can help with:
- Divorce and Separation: Our lawyers assist clients in navigating the complexities of divorce and separation, helping them with property settlement, spousal support, child custody, and visitation arrangements.
- Child Custody and Support: We help parents establish child custody and support agreements, ensuring that they take into consideration the best interests of the child.
- Domestic Violence: We provide support and legal protection for victims of domestic violence, including obtaining restraining orders and ensuring the safety of their clients.
- Paternity Issues: Our lawyers handle cases involving the determination of paternity, which can impact child custody and support arrangements.
- Binding financial agreements: They draft and review these agreements to protect their clients’ assets and interests in the event of divorce.
- Mediation and Litigation: Family lawyers represent clients in negotiations, mediation, and, if necessary, in court, to resolve disputes and reach fair settlements.
- Estate Planning: They may offer estate planning services to ensure asset distribution as per their client’s wishes after their passing.
Family lawyers play a crucial role in helping individuals and families navigate emotionally charged situations while ensuring protection of their legal rights and interests within the framework of family law.
Contact our team of leading family lawyers today. We offer video consultations if you are outside Sydney or Melbourne.
