In Australia, our system allows you to do your own divorce.
Step 1 – Get your proof of Marriage. This is normally done with a marriage certificate. If it is in another language then you will need to change it to English.
Step 2 – Prove your Separation. You must show that you’ve been separated for at least 12 months before filing your divorce application. If you are still living together in the same house, you can be considered to be separated. You don’t need to officially register your separation, however, you should take note of the date that you and partner do separate. An easy way to do this is to write an email to one another confirming the date of separation.
Step 3 – Care of Children. If there are children involved with the relationship, you must have some arrangement where the children are safe and are properly taken care of. The court must be satisfied that the children are not being neglected and have a place to stay.
Step 4 – Submit divorce application online. Preparing and submitting a divorce application is now an easy process. The easiest way to submit a divorce application is online. In order to do your own divorce, you will need to register with the Family Court. You can do so by clicking here. Once you have submitted your application, you will get a court date.
Step 5 – Serve application on ex-partner. Once you have completed your application, you must serve your application on your ex-partner. You must give it to your ex-partner at least 28 days prior to the divorce hearing. If they live overseas, you need to allow for 42 days.
Step 6 – Wait for your court date. On this day, the court will grant a divorce order. After the order is made, the court will post out the divorce order to each spouse.
Once you have received the divorce order, your divorce has now been finalised. If you have questions about how to do your own divorce, you can speak to one of our lawyers today.