Jun 10, 2016
With the divorce rate in Australia continuing to rise – some sources saying one in three marriages in Australia ending in divorce – the question ‘How can I get a divorce?’ is becoming more and more relevant. Below is a quick rundown on the how-to of getting a divorce.
Step 1: Consider whether you qualify for divorce
Before anything else, you must first consider whether you are eligible for divorce. There are 4 requirements for divorce:
- You are married
- The relationship has broken down irretrievably
- You have been separated for at least 12 months
- There is no likelihood of resuming your relationship
There are further requirements if you have been married for less than 2 years or have been married overseas (see our other blog posts dedicated to these specific issues for more information).
Step 2: Apply for divorce
To get a divorce, you must lodge an application with the court. You do so by filling out the Application for Divorce. You can fill this application out by yourself or jointly with our spouse.
Step 3: File the Application
You will need to file your application in the Federal Circuit Court of Australia. You can do this online or by going to the Court registry in person.
You will be required to pay a filing fee to the Court which currently stands at about $895. This fee covers the administrative costs of the Court to make a determination on your divorce. You can apply to pay for a reduced fee in special circumstances.
You are required by law to serve the document on your spouse if you are applying as an individual, without the knowledge and consent of your spouse. To serve a document, you must give the document to your partner and receive confirmation that they have received it.
Step 4: Attending the Divorce Hearing
Generally you will not have to attend the Divorce Hearing. One exception is if you have applied as an individual and you have children under the age of 18 of the relationship.
Step 5: Finalising Divorce
In most cases the divorce order takes effect one month and one day after the divorce is granted. However, you should not assume this.
The Court will issue a ‘decree nisi for dissolution of marriage’ if they are satisfied that the grounds for divorce are established. This can be rescinded if the parties do not wish to go through with it.
After a month, the ‘decree nisi’ becomes absolute and the parties are able to remarry if they wish.
If you have a family law matter, concerns on your divorce or questions about family law and divorce in NSW and want to find out more please do not hesitate to contact us on 9688 6023 or email us at info@franklegal.com.au.
This article is provided to the reader for general information. It is not legal advice. It was written by Andrea Spencer & Emily Graham and edited by James Frank.
More from the Blog:
A Certifiable Divorce Certificate
Divorce, Divorce online, Divorce in NSW, Family Law, Family Law in NSW
