You can apply for a divorce in Australia if either yourself or your spouse:
· regard Australia as your home and intend to live in Australia indefinitely, or
· are an Australian citizen by birth, descent or by grant of Australian citizenship, or
· ordinarily live in Australia and have done so for 12 months immediately before filing for divorce.
Full response;
05:49 (5 minutes ago)
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We refer to your enquiry received by the Family Law Court's National Enquiry Centre.
In relation to residency questions, the Family Law Courts cannot provide advice in that regard. The client will need to contact the Department of Immigration.
In relation to applying for a Divorce in Australia, please see below for the basic requirements.
You should obtain legal advice before making a decision about what to do or before applying to the Family Law Courts. You can obtain initial free legal advice from the Legal Advice Line in your state or territory.
You can register for the Commonwealth Courts Portal to e-file certain applications and supporting documents. If you would like further information please read the Family Law Courts Portal brochure or emailsupport@comcourts.gov.au.
The Family Law Act has jurisdiction to deal with the dissolution of marriage (ie divorce) under Part VI of the Family Law Act 1975.
Pre-action requirements:
You can apply for a divorce in Australia if either yourself or your spouse:
· regard Australia as your home and intend to live in Australia indefinitely, or
· are an Australian citizen by birth, descent or by grant of Australian citizenship, or
· ordinarily live in Australia and have done so for 12 months immediately before filing for divorce.
You also need to satisfy the Court that you and your spouse have lived separately and apart for at least 12 months, and there is no reasonable likelihood of resuming married life. It is possible to live together in the same home and still be separated. Please see the link 'Separated but living under one roof' below.
The fact that you were married in Australia is not grounds enough to apply for a divorce in Australia. If you were married overseas, you may still be entitled to apply for a divorce in Australia.
If you apply for a divorce together with your spouse, you are both joint applicants.
If you apply for a divorce by yourself, you are a sole applicant and your spouse is the respondent.
You may prepare your own divorce application or ask a lawyer to do it for you.
What you need to file:
You must provide the original plus two photocopies of the Application and any Affidavit(s) which you file.
Fees:
A filing fee of $550 is payable or a reduced filing fee of $60 is payable if you are eligible for a fee reduction. If you are eligible for a reduction of fees you will need to fill out an Application - Reduction of Payment of court fees - general. If payment of the full fee will cause you financial hardship you can fill out an Application for Reduction of Court Fees on the basis of financial hardship form and ask the court to approve a reduction in fees based on the information provided in the form.
Payment can be made using a Credit Card Payment Form or by sending a bank cheque or money order made payable to the "Collector of Public Monies".
To be eligible for a fee reduction for a joint Application, both yourself and your spouse must qualify. If only one spouse qualifies, then the full fee applies.
If it is a sole Application for Divorce, then only the Applicant needs to qualify for the reduction.
Some links that may be useful:
How to Apply for Divorce
Separation and Divorce
No fault divorce
Registry Locations
Marriages, families and separation
Online Application for Divorce
Have you been married less than two years?
Counselling certificate for applicants married less than 2 years
Affidavit Translation of Marriage Certificate
Separated but living under one roof
Are you having trouble serving your divorce application
Affidavit
Preparing an Affidavit
Do you have fears for your safety when attending court?
Federal Magistrates Court Family Law
Feeling Stressed
Going to Court
Indigenous Families and the Family Law Courts
Legal Words used in Court
The Family Law Courts and your privacy
Registry locations
Getting Help
Court Tour
Do you need information about the Family Law Courts?
Court fees
What the Family Law Courts staff can and cannot do for clients
Regards
Hafsah
Senior Client Service Officer
National Enquiry Centre
Family Law Courts
Please note: This response provides general information only and is not provided as legal advice. If you have a legal issue, you should contact a lawyer before making an application or before making a decision about a proceeding in the Family Law Courts. The Family Law Courts cannot provide legal advice.
In relation to residency questions, the Family Law Courts cannot provide advice in that regard. The client will need to contact the Department of Immigration.
In relation to applying for a Divorce in Australia, please see below for the basic requirements.
You should obtain legal advice before making a decision about what to do or before applying to the Family Law Courts. You can obtain initial free legal advice from the Legal Advice Line in your state or territory.
You can register for the Commonwealth Courts Portal to e-file certain applications and supporting documents. If you would like further information please read the Family Law Courts Portal brochure or emailsupport@comcourts.gov.au.
The Family Law Act has jurisdiction to deal with the dissolution of marriage (ie divorce) under Part VI of the Family Law Act 1975.
Pre-action requirements:
You can apply for a divorce in Australia if either yourself or your spouse:
· regard Australia as your home and intend to live in Australia indefinitely, or
· are an Australian citizen by birth, descent or by grant of Australian citizenship, or
· ordinarily live in Australia and have done so for 12 months immediately before filing for divorce.
You also need to satisfy the Court that you and your spouse have lived separately and apart for at least 12 months, and there is no reasonable likelihood of resuming married life. It is possible to live together in the same home and still be separated. Please see the link 'Separated but living under one roof' below.
The fact that you were married in Australia is not grounds enough to apply for a divorce in Australia. If you were married overseas, you may still be entitled to apply for a divorce in Australia.
If you apply for a divorce together with your spouse, you are both joint applicants.
If you apply for a divorce by yourself, you are a sole applicant and your spouse is the respondent.
You may prepare your own divorce application or ask a lawyer to do it for you.
What you need to file:
- Application for Divorce
- A copy of your marriage certificate. If your marriage certificate is not in English, you are required to provide a translation of it undertaken by an accredited translator (Rule 2.02(4) FLR). (Refer to link below on Affidavit translation of marriage certificate).
- Any other documents pertaining to your matter (such as citizenship certificate/copy of visa etc), as instructed in the Application for Divorce kit. Please also refer to the fact sheets below for information on how to complete any further documents required.
You must provide the original plus two photocopies of the Application and any Affidavit(s) which you file.
Fees:
A filing fee of $550 is payable or a reduced filing fee of $60 is payable if you are eligible for a fee reduction. If you are eligible for a reduction of fees you will need to fill out an Application - Reduction of Payment of court fees - general. If payment of the full fee will cause you financial hardship you can fill out an Application for Reduction of Court Fees on the basis of financial hardship form and ask the court to approve a reduction in fees based on the information provided in the form.
Payment can be made using a Credit Card Payment Form or by sending a bank cheque or money order made payable to the "Collector of Public Monies".
To be eligible for a fee reduction for a joint Application, both yourself and your spouse must qualify. If only one spouse qualifies, then the full fee applies.
If it is a sole Application for Divorce, then only the Applicant needs to qualify for the reduction.
Some links that may be useful:
How to Apply for Divorce
Separation and Divorce
No fault divorce
Registry Locations
Marriages, families and separation
Online Application for Divorce
Have you been married less than two years?
Counselling certificate for applicants married less than 2 years
Affidavit Translation of Marriage Certificate
Separated but living under one roof
Are you having trouble serving your divorce application
Affidavit
Preparing an Affidavit
Do you have fears for your safety when attending court?
Federal Magistrates Court Family Law
Feeling Stressed
Going to Court
Indigenous Families and the Family Law Courts
Legal Words used in Court
The Family Law Courts and your privacy
Registry locations
Getting Help
Court Tour
Do you need information about the Family Law Courts?
Court fees
What the Family Law Courts staff can and cannot do for clients
Regards
Hafsah
Senior Client Service Officer
National Enquiry Centre
Family Law Courts
Please note: This response provides general information only and is not provided as legal advice. If you have a legal issue, you should contact a lawyer before making an application or before making a decision about a proceeding in the Family Law Courts. The Family Law Courts cannot provide legal advice.
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