To obtain a Divorce in Australia, there’s a few things you’re going to have to do. First of all you’re going to have to fill out some paper work. You’ll need an Application for Divorce. Now, you’re going to require 3 copies of the completed document. You will also need a copy of your Marriage Certificate.
Now all these documents need to be filed in the Family Court or the Federal Magistrates Court. It will cost you money and at this point in time, the filing fees are approximately $500 in the Federal Magistrates Court and around $700 in the Family Court.
When you file these documents, the Court sets a hearing date for the application to be heard. It’s normally about a 10 – 12 week wait if both parties are in Australia.
Once you’ve filed the application, a copy of it has to be served on the other party. It must be stamped by the Court.
Now, this copy must also be accompanied by a brochure from the Court titled, “Marriage, Families and Separation.” Now it can be served in person or by mail, but do be aware that are some specific conditions. For example, you can’t serve the document on the other party yourself, but instead must get a third party or another person to do it.
The other important consideration during this period, is to take care of yourself and your children. So often couples can underestimate the sheer stress and emotional turmoil involved in relationship breakdown. Obviously, the best advice in this regard, is to seek independent counseling and support.
Remember this is legal information only. Please don’t consider it as legal advice. Legal Advice can only come from a lawyer who knows about your specific matter.
This information is current at September 2010.