Key Takeaways

  • To apply for a divorce in Australia, individuals must be citizens, legal residents for 12 months, or consider Australia their home indefinitely, and they must have been separated for at least 12 months and a day.
  • Applicants require various documents to apply for a divorce, including a marriage certificate or an affidavit if unavailable, family court forms, and additional supporting documents to eFile via the Commonwealth Courts Portal.
  • While legal representation is not mandatory for completing divorce documents, a lawyer can provide valuable guidance through the process, ensuring that legal rights are protected and all procedures are correctly followed.

If you're seeking a divorce, understanding which divorce documents Australia requires is crucial to beginning the process. In this straightforward guide, our  divorce lawyers in Sydney will take you through each necessary document, from your marriage certificate to court forms and beyond, simplifying the path through the Federal Circuit Court and Family Court requirements.

Applying for a divorce

Dissolving a marriage is a significant life event, and the emotional complexities involved are undeniable. However, in Australia, the legal process of obtaining a divorce itself is relatively streamlined. The Family Law Act 1975 establishes the framework under which the Federal Circuit and Family Court handle divorce applications.

It's important to understand that the application for divorce is a distinct process from resolving child custody arrangements and financial settlements. While the Court oversees both, the initial step focuses solely on applying for divorce and the subsequent divorce hearing. This requires specific documentation to be filed, and while the application process is straightforward, it's crucial to remember that the complexities surrounding children and finances will need to be addressed separately.

Divorce eligibility

To be able to  apply for a divorce in Australia there are certain eligibility requirements that must be met. You must either be an Australian citizen, a legal resident for the past 12 months, or regard Australia as your home indefinitely. For those who have been married for less than two years, you may be required to provide proof of having attended counselling proving your attempts to reconcile your disputes. Finally, before a divorce application can be filed, a couple must have been separated for 12 months and one day to signify the irretrievable breakdown of the relationship.

What Documents Do You Need for a Divorce in Australia?

Initiating a divorce in Australia requires gathering specific documents to ensure a smooth application process. Here's a breakdown of the key documents you'll need:

Marriage Certificate

Your marriage certificate is the primary evidence of your legal marital status. If your marriage occurred within Australia, you can obtain a copy from the relevant state or territory Births, Deaths and Marriages (BDM) registry. For marriages overseas, a certificate from the issuing foreign authority is necessary. If the certificate is unavailable, an affidavit explaining the situation may be an alternative. Additionally, a certified translation is required if the certificate is not in English.

Family Court Forms

The family court forms guide you through the legal aspects of your divorce. The core document here is the Application for Divorce. This form, completed online through the Commonwealth Courts Portal (CCP), details your marital history and separation information. Regardless of whether you file a sole application or a joint application with your spouse, the CCP acts as the online platform for submitting your application.

Supporting Documents

Supporting documents provide the court with further details about your specific circumstances. One such document is proof of Australian citizenship or residency. This demonstrates your eligibility to apply for a divorce in Australia and could be a citizenship certificate, permanent resident visa, or other relevant documentation. An affidavit verifying separation (if applicable) explains why you haven't lived together for the required 12 months. Lastly, an affidavit for service (if applicable) may be required if you cannot locate your spouse for service of the divorce application (also known as substituted service).

Next Steps

After you've collected and completed all of the required documents for the divorce application, you will need to do the following:

Filing Your Divorce Application

A divorce application is filed online through the digital platform of the Commonwealth Courts Portal. An application for divorce can either be a sole or joint application. A sole application is where one party to the marriage files the application for divorce, while a joint application means that the parties to the marriage both apply for divorce.

When you file the divorce application you will be required to pay a filing fee, which may be paid by one or both parties. It is also possible to have a reduced fee if you are experiencing hardship.

Serving the Application

If you're filing alone (sole applicant), you'll need to serve the divorce application on your spouse according to court rules. Incorrect service can delay your application.

If you can't locate your spouse, the court may grant an order for substituted service (using alternative methods) or dispense with service altogether.

Court Hearing and Finalising the Divorce

In most divorce applications, a court hearing isn't required. However, the court may schedule one if complexities arise, such as disputes over child custody or finances. You will be provided with a court date.

If no issues are identified, the court will grant a divorce order. The divorce order officially dissolves the marriage and become effective one month and one day after the divorce order has been granted.

Do I need a lawyer to fill out my divorce documents?

While you can technically complete the divorce application yourself, a lawyer isn't just there for paperwork. They can be a valuable asset throughout the process.

Think of a lawyer as your support throughout the entire separation and divorce process. They can help you understand the complexities of your situation, protect your rights, and ensure everything is done correctly. They'll be there to answer your questions and offer advice during a potentially stressful time.

Frequently Asked Questions

What if I can't find my marriage certificate?

If your marriage occurred within Australia, you can obtain a copy of your marriage certificate from the relevant state or territory Births, Deaths and Marriages (BDM) registry.

For marriages overseas, you'll need a certificate from the issuing foreign authority or if that's unavailable, an affidavit explaining the situation can be an alternative.

Can I apply for a divorce if my spouse and I still live together?

Yes, you can still apply for a divorce even if you and your spouse still live together, but you will need to provide affidavits to prove the separation.

Can I get divorced in Australia if I was married overseas?

Even if your marriage ceremony took place overseas, you can still obtain a divorce in Australia. The marriage must be recognised as valid in Australia. This generally applies to most legal marriages conducted abroad. You and your spouse must meet the eligibility criteria for an Australian divorce application. This includes being an Australian citizen, a permanent resident for at least 12 months, or intending to reside in Australia permanently.

Fulfilling these conditions allows you to proceed with the standard Australian divorce application process as outlined previously.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.