What documents do I need for divorce in Australia? – Divorce

Key Takeaways

• To apply for a divorce in Australia, individuals must be
  citizens, legal residents for 12 months, or consider Australia
  their home indefinitely, and they must have been separated for at
  least 12 months and a day.




• Applicants require various documents to apply for a divorce,
  including a marriage certificate or an affidavit if unavailable,
  family court forms, and additional supporting documents to eFile
  via the Commonwealth Courts Portal.




• While legal representation is not mandatory for completing
  divorce documents, a lawyer can provide valuable guidance through
  the process, ensuring that legal rights are protected and all
  procedures are correctly followed.

If you’re seeking a divorce, understanding which divorce
documents Australia requires is crucial to beginning the process.
In this straightforward guide, our divorce
lawyers in Sydney will take you through each necessary
document, from your marriage certificate to court forms and beyond,
simplifying the path through the Federal Circuit Court and Family
Court requirements.

Applying for a divorce

Dissolving a marriage is a significant life event, and the
emotional complexities involved are undeniable. However, in
Australia, the legal process of obtaining a divorce itself is
relatively streamlined. The Family Law Act 1975 establishes the
framework under which the Federal Circuit and Family Court handle
divorce applications.

It’s important to understand that the application for
divorce is a distinct process from resolving child custody
arrangements and financial settlements. While the Court oversees
both, the initial step focuses solely on applying for divorce and
the subsequent divorce hearing. This requires specific
documentation to be filed, and while the application process is
straightforward, it’s crucial to remember that the complexities
surrounding children and finances will need to be addressed
separately.

Divorce eligibility

To be able to 
apply for a divorce in Australia there are certain
eligibility requirements that must be met. You must either be an
Australian citizen, a legal resident for the past 12 months, or
regard Australia as your home indefinitely. For those who have been
married for less than two years, you may be required to provide
proof of having attended counselling proving your attempts to
reconcile your disputes. Finally, before a divorce application can
be filed, a couple must have been separated for 12 months and one
day to signify the irretrievable breakdown of the relationship.

What Documents Do You Need for a Divorce in Australia?

Initiating a divorce in Australia requires gathering specific
documents to ensure a smooth application process. Here’s a
breakdown of the key documents you’ll need:

Marriage Certificate

Your marriage certificate is the primary evidence of your legal
marital status. If your marriage occurred within Australia, you can
obtain a copy from the relevant state or territory Births, Deaths
and Marriages (BDM) registry. For marriages overseas, a certificate
from the issuing foreign authority is necessary. If the certificate
is unavailable, an affidavit explaining the situation may be an
alternative. Additionally, a certified translation is required if
the certificate is not in English.

Family Court Forms

The family court forms guide you through the legal aspects of
your divorce. The core document here is the Application for
Divorce. This form, completed online through the Commonwealth
Courts Portal (CCP), details your marital history and separation
information. Regardless of whether you file a sole application or a
joint application with your spouse, the CCP acts as the online
platform for submitting your application.

Supporting Documents

Supporting documents provide the court with further details
about your specific circumstances. One such document is proof of
Australian citizenship or residency. This demonstrates your
eligibility to apply for a divorce in Australia and could be a
citizenship certificate, permanent resident visa, or other relevant
documentation. An affidavit verifying separation (if applicable)
explains why you haven’t lived together for the required 12
months. Lastly, an affidavit for service (if applicable) may be
required if you cannot locate your spouse for service of the
divorce application (also known as substituted service).

Next Steps

After you’ve collected and completed all of the required
documents for the divorce application, you will need to do the
following:

Filing Your Divorce Application

A divorce application is filed online through the digital
platform of the Commonwealth Courts Portal. An application for
divorce can either be a sole or joint application. A sole
application is where one party to the marriage files the
application for divorce, while a joint application means that the
parties to the marriage both apply for divorce.

When you file the divorce application you will be required to
pay a filing fee, which may be paid by one or both parties. It is
also possible to have a reduced fee if you are experiencing
hardship.

Serving the Application

If you’re filing alone (sole applicant), you’ll need to
serve the divorce application on your spouse according to court
rules. Incorrect service can delay your application.

If you can’t locate your spouse, the court may grant an
order for substituted service (using alternative methods) or
dispense with service altogether.

Court Hearing and Finalising the Divorce

In most divorce applications, a court hearing isn’t
required. However, the court may schedule one if complexities
arise, such as disputes over child custody or finances. You will be
provided with a court date.

If no issues are identified, the court will grant a divorce
order. The divorce order officially dissolves the marriage and
become effective one month and one day after the divorce order has
been granted.

Do I need a lawyer to fill out my divorce documents?

While you can technically complete the divorce application
yourself, a lawyer isn’t just there for paperwork. They can be
a valuable asset throughout the process.

Think of a lawyer as your support throughout the entire
separation and divorce process. They can help you understand the
complexities of your situation, protect your rights, and ensure
everything is done correctly. They’ll be there to answer your
questions and offer advice during a potentially stressful time.

Frequently Asked Questions

What if I can’t find my marriage certificate?

If your marriage occurred within Australia, you can obtain a
copy of your marriage certificate from the relevant state or
territory Births, Deaths and Marriages (BDM) registry.

For marriages overseas, you’ll need a certificate from the
issuing foreign authority or if that’s unavailable, an
affidavit explaining the situation can be an alternative.

Can I apply for a divorce if my spouse and I still live
together?

Yes, you can still apply for a divorce even if you and your
spouse still live together, but you will need to provide affidavits
to prove the separation.

Can I get divorced in Australia if I was married overseas?

Even if your marriage ceremony took place overseas, you can
still obtain a divorce in Australia. The marriage must be
recognised as valid in Australia. This generally applies to most
legal marriages conducted abroad. You and your spouse must meet the
eligibility criteria for an Australian divorce application. This
includes being an Australian citizen, a permanent resident for at
least 12 months, or intending to reside in Australia
permanently.

Fulfilling these conditions allows you to proceed with the
standard Australian divorce application process as outlined
previously.

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.