At Hickman Family Lawyers, we’re here to guide you every step of the way with compassionate, expert legal advice tailored to your situation. So, if you’re wondering, how can I get a divorce in Australia, we’ve got all the information you need.
Going through a divorce is never easy, but understanding the legal process in Australia can help you feel more prepared and in control of what lies ahead. Whether the separation is amicable or more complex, having a clear understanding of the steps involved – from separation to final orders – is essential.
How Can I Get a Divorce in Australia?
Divorce in Australia is governed by the Family Law Act 1975, and the process is handled through the Federal Circuit and Family Court of Australia. Australia operates under a no-fault divorce system, which means the court does not consider the reasons for the marriage breakdown. The only legal requirement is that the relationship has irretrievably broken down, demonstrated by a 12-month period of separation.
Any person can apply for a divorce in Australia if either they or their spouse regard Australia as their home and intend to live in Australia indefinitely, are Australian citizens (by birth, descent or grant of citizenship), or have lived in Australia for at least 12 months before filing. You can apply individually or jointly with your spouse.
Step 1 – Deciding to Get a Divorce
Deciding to end a marriage is one of the most difficult decisions a person can make. It’s often the result of prolonged emotional strain, miscommunication, or growing apart. While some couples come to the decision together, others may find themselves navigating this alone.
Before initiating the formal divorce process, it’s important to be certain that reconciliation is not possible. Some couples choose to seek counselling in hopes of repairing the relationship. Others might separate for a trial period to gain clarity. Under Australian law, you must be separated for at least 12 months before you can file for divorce, and this separation can occur under the same roof in some cases, provided you are living independent lives.
If children are involved, it’s also crucial to consider the emotional impact on them and to start making arrangements around parenting responsibilities and financial support. This is often where the support of a family lawyer can make a huge difference. At Hickman Family Lawyers, we can help you explore your options and ensure you’re making informed, confident decisions before moving forward with getting a divorce.
Step 2 – Initiating the Divorce Process
Once the 12-month separation requirement has been met, you can begin the formal divorce process. This is done by filing an Application for Divorce with the Federal Circuit and Family Court of Australia. The application can be submitted online through the Commonwealth Courts Portal. You can apply as a sole applicant or a joint applicant with your spouse.
If you’re applying on your own, you will need to serve the divorce application on your spouse, giving them formal notice of the proceedings. There are strict rules around how and when this must be done, and failure to serve the documents correctly can delay the process.
There is a filing fee for divorce applications (currently $1,125 in Western Australia, although fee reductions may apply in certain circumstances). If children under the age of 18 are involved, you will need to attend a court hearing. If not, the application can often be finalised without a hearing.
Our team of family lawyers at Hickman Family Lawyers can assist you in preparing your application correctly, ensuring that it complies with all legal requirements and helping you avoid delays or issues with service.
Step 3 – Gathering Your Documents
To get a divorce in Australia, you will need to provide certain documents and supporting information. These may include:
- A copy of your marriage certificate (if not in English, it must be translated by a certified translator)
- Proof of Australian citizenship, residency or visa status
- The date of your formal separation
- Documents confirming separation under one roof (if applicable)
- Parenting arrangements details if you have children under 18
- An affidavit in some cases, such as where the marriage certificate is lost or service has been difficult
You will also need to complete and lodge the divorce application accurately. If filing as a sole applicant, service documents and affidavits proving service must also be prepared. The process can become more complex when there are international elements, such as overseas marriages or if one spouse lives overseas.
An experienced family lawyer can ensure all your documentation is correctly prepared and lodged, minimising the risk of delays or rejection. At Hickman Family Lawyers, we assist clients with every stage of the application, including affidavit drafting, court attendance, and liaison with the court registry where needed.
Step 4 – Application, Hearing & Divorce Grant
Once your divorce application is submitted and any required hearings have taken place, the court will assess whether all legal requirements have been met. If satisfied, the court will grant a divorce order, which becomes final one month and one day after the hearing date. This is when your divorce is considered legally finalised.
It’s important to note that a divorce does not resolve matters related to property settlement or parenting arrangements – these are separate legal matters that must be addressed independently. There is a 12-month deadline from the date of your divorce becoming final to initiate property or spousal maintenance proceedings, so it’s vital to seek legal advice early. You can get more information on splitting assets in divorce on our blog.
Once the divorce order is finalised, you can request an official Divorce Certificate, which you may need for administrative purposes like changing your name, updating personal records, or remarrying in the future.
At Hickman Family Lawyers, we support our clients through the entire process, ensuring all steps are taken properly and you are fully aware of your rights and obligations. Our family law firm provides practical and compassionate legal advice to help you confidently move forward with the next chapter of your life.
Getting a divorce in Australia involves clear legal steps, but the emotional and administrative burden can feel overwhelming. By understanding the process and engaging the right legal support, you can protect your interests and ensure the transition is as smooth as possible.
At Hickman Family Lawyers, we’re proud to support individuals through this life transition with care, clarity and professionalism. If you want to get a divorce in Australia and need guidance, our team of trusted divorce lawyers in Perth is here to help.
Book your free 15-minute no obligation information call today and know that when you engage our services, you’ll get expert advice tailored to your circumstances.
