Divorce is the legal process that ends a marriage, and it can bring significant changes to your life. In Australia, divorce is governed by the Family Law Act 1975, which focuses on fairness and simplicity.
The process is “no-fault,” meaning the court does not require evidence of wrongdoing by either party.
Instead, the key requirement is demonstrating that the marriage has irretrievably broken down, evidenced by living separately for at least 12 months.
While divorce itself only dissolves the marriage, it often involves additional considerations such as dividing property, making arrangements for children, and addressing financial support.
Understanding what happens in a divorce can help you navigate the process with confidence. This guide explains the legal steps, costs, timelines, and key responsibilities in clear and practical terms.
What Is the Legal Process for Getting Divorced in Australia?
1. Meeting the Separation Requirement
To apply for a divorce, you and your spouse must have been separated for at least 12 months.
Separation can occur even if you live in the same house (known as “separation under one roof”), but you’ll need to provide evidence of this arrangement.
2. Eligibility to Apply for Divorce
You can apply for a divorce in Australia if either you or your spouse:
- Are an Australian citizen,
- Live in Australia and regard it as your permanent home, or
- Ordinarily reside in Australia and have done so for at least 12 months before filing.
3. Filing for Divorce
Applications for divorce are submitted to the Federal Circuit and Family Court of Australia (FCFCOA). You can apply jointly with your spouse or individually.
The application can be completed online through the Commonwealth Courts Portal, where you’ll need to provide:
- Proof of marriage (e.g., a marriage certificate),
- Evidence of separation if required, and
- Payment of the application fee.
4. Attending the Divorce Hearing
For most divorces, a court hearing is not necessary.
However, if there are children under 18 and the application is not made jointly, you or your lawyer must attend the hearing to confirm appropriate arrangements are in place for the children.
5. Receiving the Divorce Order
If all requirements are met, the court grants a divorce order, which becomes final one month and one day after it is issued. At this point, you are legally divorced and free to remarry if you choose.
What Are the Costs and Timeframes for Divorce in Australia?
Costs of Divorce
The current application fee for a divorce in Australia is approximately $1,000.
If you are experiencing financial hardship or hold certain concession cards, you may be eligible for a reduced fee of around $365.
Additional costs may include legal fees if you choose to hire a lawyer for assistance with your application.
Timeframes for Divorce
The divorce process can take several months, depending on the complexity of your situation. The key milestones include:
- 12 months of separation before you can file,
- Processing of your application, which typically takes 2–3 months, and
- A one-month waiting period after the divorce order is granted before it becomes final.
It’s important to note that divorce only ends the marriage; separate legal processes are required for property settlements and parenting arrangements.
What Are My Rights and Responsibilities Regarding Children?
Focus on the Best Interests of the Child
When a divorce involves children, Australian law prioritises their best interests. This includes ensuring the child has a meaningful relationship with both parents, as long as it is safe and appropriate.
Parenting Arrangements
Parents are encouraged to agree on arrangements for the child’s care, including living arrangements, schooling, and medical decisions.
These agreements can be formalised through a Parenting Plan or a Parenting Order, which is legally binding and issued by the court.
Child Support
Both parents are responsible for financially supporting their children after divorce. The amount of child support is determined based on factors such as each parent’s income and the child’s care arrangements.
If parents cannot agree on parenting or financial arrangements, the court may intervene to make decisions in the child’s best interests.
When Is a Lawyer Necessary?
While you can file for divorce without legal representation, a lawyer is often helpful in situations involving:
- Disputes over property or parenting arrangements,
- Complex financial or legal issues, or
- Concerns about safety or family violence.
Benefits of Hiring a Lawyer
A family lawyer can help by:
- Providing clear advice on your rights and responsibilities,
- Assisting with the preparation of legal documents,
- Representing you in negotiations or court proceedings, and
- Ensuring your case is presented effectively, minimising stress and errors.
While legal fees can vary, many lawyers offer fixed fees for basic divorce applications, giving you clarity on costs upfront.
A Fresh Start: Moving Forward with Confidence
Divorce can feel overwhelming, but understanding the process can make it less daunting.
By knowing what to expect and seeking the right support, you can focus on rebuilding your life and ensuring the best outcomes for yourself and your family.
Do You Have Questions About Your Divorce?
If you need guidance from experienced professionals, Ipswich Family Lawyers is here to help.
Our dedicated team specialises in family law and provides compassionate, expert advice tailored to your needs. Contact us today to take the first step towards peace of mind.