You must be eligible to apply for a divorce in Australia select yes or no to proceed to next step 1. These will be charged on an hourly basis to draft, if required. However, if you would prefer to make the payment in person at your local bank, our team member will provide you with our account details to facilitate that. If you do not attend, the Court may decide the divorce application in your absence. They can also explain how the law applies to your case. Seeking legal advice You can obtain legal advice to understand your rights and responsibilities before applying for a divorce or other applications in relation to a divorce.
If you make a joint application, the Court will hold onto the original document and provide your spouse with a sealed copy. We can assist you with your property settlement, call our Family Law Team to find out how. Sole Divorce With Kids — If there are children involved, you will have to go to Court, in which case there will be increased fees involved and our fixed-fee online divorce service will not apply. If you were married overseas and your marriage certificate is not in English you will need to have the certificate translated and attach both documents to an Affidavit of Translation of Marriage Certificate from the translator. You should complete the Application for reduction of payment of divorce or decree of nullity - financial hardship for consideration. Divorce orders are no longer posted to parties. You can provide the certificate provided by Births Deaths and Marriage or your ceremonial certificate. You or the other party to the marriage must answer YES to at least one of the following: More information about fee reductions can be found on the Guidelines for fee exemption, reduction and refund page on this website. If you file the application by yourself as a sole applicant, you are required to serve the Application for Divorce on the other party. To attach a document, you should write in the affidavit: What if I need to do a property settlement? Sole application If you make a sole application, you are known as the applicant and the other party is known as the respondent. It is important to read steps 1 to 10 at How do I start eFiling the application once I am registered at this link to get started. If you are unable to locate your spouse, even after you have taken all reasonable steps to locate them you can put their address as 'unknown'. Were born in Australia or have become an Australian citizen by descent born outside Australia and at least one parent was an Australian citizen and your birth is registered in Australia. Do you know where your spouse is? Therefore, if your divorce is pending, we recommend you consider initiating your property settlement as soon as you possibly can before you divorce. If you wish to seek these types of orders you will need to file a separate application. In addition to submitting a completed form, we include an allowance of up to an hour to discuss with you the Application via phone, email, Skype or in person to address any issues that may arise when completing your Application for Divorce. You must have been separated for at least 12 months and one day in order to satisfy the Court that the marriage has broken down irretrievably. Attendance at court Court attendance is only required if you have filed a sole application and there is a child of the marriage aged under 18 years at the time of filing or you have indicated that you wish to attend in question 2 a of the application. Same-sex couples whose marriages are recognised can access Australia's divorce system if they meet the requirements for divorce under the Family Law Act , regardless of when the marriage was solemnised. This fee is independent of our firm and is charged to every individual applying for a Divorce in Australia. When should I file the Response to Divorce?
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