How do I apply for a divorce in Australia?
You can apply for a divorce in Australia by filing an application online, or by completing the necessary forms and posting them to a Family Law Registry for filing. You will need to send the following:
An Application for Divorce form which has been signed and sworn or affirmed by a lawyer, Justice of the Peace, or an accepted witness. You must include the original document and two photocopies;
A photocopy of your marriage certificate. This does not need to be sworn, affirmed or certified; and
All other documents you think might be relevant to your application, such as a certificate of your citizenship or a photocopy of your visa. You should include three copies of each document in your application.
Can I apply for a divorce as the sole applicant?
If the divorce application is made by you alone as the sole applicant, you will have to serve a copy of the application on your former spouse. You, the applicant, will have to provide evidence to the court that the application has been served and received by the other party. This is normally done by completing and filing an Affidavit of Service with the court.
The other party may then file a Response to Divorce if they disagree with any of the information provided on the application or if they oppose the divorce. There are very few opportunities to oppose a divorce unless the parties have not been separated for 12 months or if the court does not have jurisdiction.
If the other party does not oppose the divorce, then they do not have to attend the hearing. If there are no children (under 18) and you have filed the Affidavit of Service proving that the application has been served on the other side, you will also not have to attend the hearing.
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