Divorce Applications
Divorce is the legal process that formally ends the marriage relationship.
How does the Divorce process work in Australia?
You can apply for a divorce after you have been separated for 12 months, with no chance of a reconciliation. The actual divorce application can be made by you, your ex-partner or both parties together. Doing it together will result in a quicker and cheaper process, without requiring attendance at Court.
Depending on your circumstances, the Divorce process can take between 6 weeks and 6 months to go through.
Within 12 months of your divorce, you will need to commence proceedings with the Court in relation to property / financial matters.
Divorce applications are made through the Federal Circuit and Family Court of Australia (FCFOA).
Our service includes personalised support by a lawyer, meticulously drafted documents, court filing, coordination with a third-party process server, and representation at court if required.
Some things to know about
Divorce Applications
When you can apply for divorce
A divorce can be applied for once you have been separated for 12 months. This can include periods where you have been 'separated under one roof.'
If your marriage lasted for less than 24 months you will need to provide a Counselling Certificate from a family law counsellor to file with the application.
Supporting documents
Common documents required include the marriage certificate, a change of name certificate, an Australian passport or visa documents. Affidavits may also be required if you have been separated under one roof in the prior 12 months, or in certain other circumstances.
"Serving" the other side
Serving is generally only used in sole divorce applications.
Service (or serving) refers to the formal delivery or notification of legal documents, such as court papers or notices, to all parties involved in a legal proceeding (including divorce).
In most cases this is organised by a third party process server.
When filing a Sole Application, it is essential to have the documents served on your spouse, ensuring they are informed about the proceedings. Failure to serve may result in the Court dismissing your application. The service must be completed at least 28 days before the hearing if your spouse is in Australia or 42 days if they are overseas.
Attendance at Court
Court attendance for a divorce hearing is required only if there is a child under 18, you specified a preference for an in-person hearing, or if the respondent opposes your sole application. You may also need to attend in person if you are requesting an order for substituted service or a dispensation service in the event that you cannot serve your spouse. Otherwise, divorce hearings are conducted electronically.
Where court attendance is required, Movement Legal's lawyers will appear for you - no need for you to attend.
Our 2 divorce packages
Joint Application
For a couple applying jointly
A joint application can be made when both spouses mutually apply for divorce together, streamlining the procedure, and not requiring use of a process server.
Sole Application
For someone applying by themselves
A sole application is made where one spouse individually applies for a divorce without the participation or agreement of the other spouse.
Why choose Movement Legal?
Clear legal advice
We communicate and offer advice in simple, understandable terms.
Swift Resolution
Our focus is on achieving outcomes, and promptly resolving your matter
Strategic Representation
We deliver clear strategies to advance and resolve your case.
Dedicated Advocacy
We assert your rights through mediation, negotiation, and in court.
