This is the formalising of the breakdown of a marriage. The parties need to be separated for at least 12 months before they can apply for a divorce.

If at that time they have been married for less than 2 years, they will also be required to undergo marriage counselling.

The Federal Circuit and Family Court of Australia will need to be satisfied that the proper arrangements have been made for any children under the age of 18 years old. You do not require any Court orders to this effect.

It is unlikley you will need to attend Court if:

  • There are no children under the age of 18 years;
  • If there are children the age of 18 years but you and your former partner do a “joint” application; or
  • you have a lawyer who is attending for you.

You do not have to have finalised any property settlement prior to seeking a divorce, however, when the divorce becomes final you have 12 months to either reach an agreement or commence proceedings in the Family Court.

If you are having trouble serving your husband or wife with the Application, we can assist you with:

  • helping you locate them; or
  • serving them with the Application; or
  • seeking orders for substituted service or for service to be dispensed with.

We can also assist you with preparing affidavits if you have been separated under the same roof or need to have an overseas marriage certificate translated.

CLT Family Law can prepare with your Divorce Application for a fixed fee.