Sole or Joint Application: $595
Separation Under One Roof: $880
Dispense with Service: $990
You can apply for a divorce if either you or your spouse meets one of the following criteria:
(1) Regards Australia as their home and intends to live in Australia indefinitely; or
(2) Is an Australian citizen by birth, descent or by grant of Australian citizenship; or
(3) Ordinarily lives in Australia and has done so for 12 months immediately before lodging the Application.
The steps to get Divorced in Australia are as follows:
(1) Prepare your Application and supporting documents.
(2) Lodge your Application with the Court to be stamped.
(3) Receive the first available Court hearing date.
(4) Serve your Application on your spouse.
(5) Prepare Service documents and lodge them with the Court.
(6) Attend the hearing (if required)
What are the requirements for Divorce?
The requirements for divorce are:
(1) You have separated on a final basis.
(2) You have lived separately and apart for the last 12 months.
(3) There are proper arrangements for the care of any children.
The Court does not consider why the marriage ended.
Separated under one roof?
You can get a Divorce if you separated but have continued to live in the same home during the last 12 months.
You will need to prepare two Affidavits for the Court - one from you and another from a friend or family member.
What documents do I need to get Divorced?
You will need a copy of your Marriage Certificate. You can obtain a copy from the Office of Birth's Death's and Marriages.
You may also need the following:
(1) Grant of Citizenship.
(2) Evidence of Australian residency for the last 12 months.
(3) Court Orders.
The Court requires evidence that your spouse has received your Application.
(1) If your spouse will cooperate, then send the documents by post; or
(2) If your spouse will not cooperate, then you must arrange for the documents to be delivered by hand.
What if I can't serve my spouse?
You must make all reasonable attempts to serve your spouse. After that, you can apply to the Court for the requirement of service to be dispensed with.
You must file an Application in a proceeding and a supporting Affidavit. The Court will likely hold a second hearing to review the application.
Should I attend the Divorce hearing?
You must attend the Divorce hearing if you make a sole application and you have children under the age of 18.
It may be sensible to attend the hearing if you need to raise any issues to make sure the Divorce is granted.
How much does Divorce cost?
The total costs are as follows:
(1) Lawyer fee from $595.
(2) Court Filing Fee $990.
(3) Process Server $150 (if required).
Reduced Court Fee for Divorce?
The Court charges every person $990 to make an Application for Divorce.
The reduced fee is $330 if you have a Concession Card, such as a Pensioner Card or Health Care Card, or you are experiencing financial hardship.
