You – if you are applying for a divorce by yourself (sole application).

You and your spouse – if you are applying together (joint application)

You may prepare your own divorce application or ask a lawyer to do it for you.

You can apply for a divorce in Australia if either you or your spouse:

• regard Australia as your home and intend to live in Australia indefinitely, or


• are an Australian citizen by birth, descent or by grant of Australian citizenship, or


• ordinarily live in Australia and have done so for 12 months immediately before filing for divorce.

You also need to satisfy the Court that you and your spouse have lived separately and apart for at least 12 months, and there is no reasonable likelihood of resuming married life. It is possible to live together in the same home and still be separated. For more information about this, click here.
You must make sure all your paperwork is organised before filing your divorce application. The accuracy of documents is your responsibility, not the responsibility of the Court.

The questions asked in the Application for Divorce are to help make sure that you meet the requirements of the Family Law Act 1975 and the rules of the Court. It is important to answer all the questions; if you do not, your divorce application may be sent back to you. If you need more information or are unsure about any questions you can contact the family court or seek professional help from a lawyer.

You need to file:

• the original and two copies of the Application for Divorce and any supporting documents, and
• a copy of your marriage certificate.

You can file documents by hand or post at your nearest family law registry.

In most situations, your case will be listed for a hearing at the location where you filed your divorce application. Alternatively, you can ask the Court to list your case at a circuit location visited by the Court.

You must pay a fee when you file for divorce. The fee does not apply in some cases, for example, if you hold certain government concession cards or you are experiencing financial hardship.

To apply for a fee exemption, you need to complete an Excemption form. To apply for a fee waiver, you need to complete a Waiver of Court Fees form. You can get these forms at your nearest family law registry. To be eligible for a fee exemption or waiver for a joint application, both you and your spouse must qualify for the exemption or waiver. If only one spouse qualifies for the exemption or waiver, then the full fee applies.

If you fear for your safety or the safety of your children, you do not need to disclose your residential address on the Application for Divorce. You may be required to provide more information to the Court.

You must tell the Court about any pending, current or existing family violence orders, as they may affect the orders the Court makes; see part E of the Application for Divorce.

If you have any concerns about your safety while attending court, please call 1300 352 000 or speak to staff at a family law registry before your court appointment or hearing. Options for your safety at court will be discussed and arrangements put in place. More detail is in the brochure ‘Family Violence - Important Safety Information’.

You should not plan to remarry until the divorce order is finalised (in most cases, one month and one day after the divorce hearing).

If you intend to remarry, you must give the marriage celebrant a Notice of Intended Marriage at least one month before the wedding date, and comply with other requirements of the Marriage Act 1961.

As soon as the divorce order is granted, the marriage celebrant may accept the Notice of Intended Marriage. You must show the Certificate of Divorce to the marriage celebrant before the wedding can take place.

If you change address after filing your divorce application, you must file a Notice of Address for Service with the Court. You can get this form at your nearest family law registry.

If you change your name after filing your divorce application, you must inform the Court in writing. If you have changed your name since the marriage (other than using your spouse’s surname) you need to provide the Court with evidence of your change of name.

When you separate, you and your spouse need to make important decisions about the future care of your children and how to divide your property, money and belongings. For help working through and resolving these issues, go to Family Relationships Online at www.familyrelationships.gov.au, call the Family Relationship Advice Line on 1800 050 321 or visit a Family Relationship Centre near you. The granting of a divorce does not decide issues about property and maintenance or parenting arrangements for your children. If you want to make arrangements about these issues you can:

• make an agreement with your spouse and file it with the Court, or


• seek orders from the Court, where you and your spouse cannot reach an agreement.

For parenting cases, you also have the option to make a parenting plan. For more information about parenting plans, go to www.familyrelationships.gov.au or call 1800 050 321.

If you want to apply for maintenance for yourself or a division of property, you must file a separate application within 12 months of the date the divorce becomes final. Otherwise, you will need the Court’s permission to apply. The information on this page has been obtained from the Family Law Courts and was last updated on 29 June 2007.

The information is general in nature and does not necessarily reflect our views, or indicate a commitment to a particular course of action. Before any action or decision is taken on the basis of any material on this site you should obtain appropriate independent professional advice. A lawyer can help you understand your legal rights and responsibilities, and explain how the law applies to your case. By supporting the sponsors of this site you help to keep it running.