An Application for Divorce must be made through the Federal Magistrates Court.

A Divorce Application is normally not a difficult process but we strongly suggest that you seek legal advice prior to applying for a Divorce as once a Divorce is final you must make any application for property adjustment Orders or spousal maintenance within twelve months, or your application may be statute barred without the leave of the Court being sought.

A person is eligible to apply for a Divorce Order in Australia if one of the following criteria is met:

• You are an Australian Citizen
•  You ordinarily live in Australia
•  You have lived in Australia for the year immediately before the Divorce Application
•  You regard Australia as your home and intend to live indefinitely in Australia

You do not need to have been married in Australia.

An Application for Divorce is unable to be made until such time as you have been separated for at least twelve months.

In circumstances where you have been separated but remain under the same roof, we recommend that you seek legal advice as it will be necessary to provide the Court with affidavit evidence from an independent party.

To apply for a Divorce you must be able to show the Court that:

• You are married
• You have been separated for at least twelve months
•  There is no reasonable likelihood of reconciliation

You must complete an Application for Divorce, file it with the Federal Magistrates Court and pay the application fee.

We recommend that you seek legal advice before applying for a Divorce.

Practical Tips

•  The Divorce Order does not decide any issues in respect of property or parenting arrangements. These are dealt with in a separate application.
•  You should not plan to remarry unless the Divorce Order is finalised as the Divorce Order may not be granted at the first Court Hearing.
•  If you have been separated under the same roof, the Court will require an affidavit from another party confirming your separation.
•  If you have been married less than two years you can still apply for a Divorce however you must comply with counselling requirements unless permission of the Court is granted.
•  An Order for substituted service can be made if your spouse cannot be located.