Your Step-by-Step Guide to Applying for Divorce in Australia

At Bansal Lawyers, we understand that divorce is a life-altering and emotional journey. Navigating the legalities of divorce can be overwhelming, but we are here to guide you through the entire process with clarity and confidence.

1. Understanding Divorce Jurisdiction and Process in Australia

In Australia, divorce matters are handled by the Federal Circuit and Family Court of Australia, under the Family Law Act 1975. The process can be completed online through the Commonwealth Courts Portal.

At Bansal Lawyers, we simplify the process and offer expert assistance every step of the way.

2. Your Divorce Application Options

• Sole Application: You apply on your own and serve the application to your spouse. Court attendance may be required if you have children under 18.
• Joint Application: You and your spouse apply together. No court attendance is typically required.

3. Are You Eligible to Apply for Divorce?

Before applying, ensure you meet these requirements:

• Residency: You or your spouse must be an Australian citizen or lawfully present for at least 12 months.
• Marriage Breakdown: Irretrievable breakdown with no chance of reconciliation.
• Separation: Separated for at least 12 months and one day.

4. What Documents Do You Need?

Required documents include:

• Marriage Certificate (translated if issued overseas).
• Evidence of separation if living together during separation.

5. How to File Your Divorce Application

1. Register on the Commonwealth Courts Portal.
2. Complete your application with details about your marriage and separation.
3. Upload required documents, such as your marriage certificate.
4. Submit and pay the filing fee ($1,100 or reduced fee of $365 if eligible).

6. After Submitting Your Application

Once submitted, the court will review your application and schedule a hearing if required. Ensure proper service of documents in sole applications.

7. Important Considerations Before Applying

• Married less than 2 years? Attend counseling before applying.
• Living under the same roof? Provide extra evidence of separation.

8. Let Bansal Lawyers Guide You Through the Process

At Bansal Lawyers, we provide expert legal support to ensure your divorce application is filed correctly and your interests are protected.

Contact us today to make this process as smooth and stress-free as possible.

Related Information

• Penalty for Hiding Assets in Divorce Australia.
• How Much Does Divorce Cost in Australia?
• How Long Does It Take to Divorce in Australia?
• How Long After Divorce Can You Remarry in Australia?
• Future Inheritance in Divorce Settlements Australia.
• Divorce Process Victoria.