Divorce Process In Australia

divorce process

Pannu Lawyers ® are Australian Divorce Lawyers and extensively practice in Family Law. We appear in Federal Circuit Court of Australia and Family Court of Australia on daily basis. We can also assist you in Child Custody, Spousal Maintenance and Property Division claims. We are conveniently located at Suite K, 111 Main Street Blacktown.

Divorce in Australia

Majority of the Divorce applications are finalised at Federal Circuit of Australia. You must be able to satisfy the Court of the following:

1. Jurisdiction

The Court only has power to grant a divorce if either party meets one of the following:

 Regards Australia as home;
 Intends to live in Australia indefinitely;
 Has lived his or her whole life in Australia;
 Is an Australian citizen; or
 Ordinarily lives in Australia and has lived in Australia for the 12 months prior to the making of the application for divorce.

2. Marriage

You must also satisfy the Court that you are married to the other party. This can be established by producing a copy of the marriage certificate. If your marriage certificate is not in English, you will be required to organise a translation of your marriage certificate from the accredited translator. You will also be required to obtain an affidavit from the translator.

If you do not have a copy of the marriage certificate, the Court may require you to provide some alternate evidence of the marriage prior to granting divorce. If you are married for less than 2 years at the time of your Divorce Application, you will be required to attend the counselling unless you seek an exemption from the Court.

3. Relationship Broken Down Irretrievably – 12 Months Separation

You must satisfy the Court that your relationship has broken down irretrievably. Under the Family Law Act, a separation of 12 months immediately before filing the Divorce Application satisfies the Court that your relationship has broken down irretrievably.

It is possible for the couple to be separated under one roof, however you must satisfy the Court that you were not living as Husband and Wife. If you are separated under one roof, you will be required to file affidavits to demonstrate that you were not living as Husband and Wife.

4. Arrangement for the Children

The Court may not grant the Divorce unless the Court is satisfied that appropriate arrangements for any children are in place. The Court must be satisfied there are proper arrangement for Children’s health, education and well-being.

5. Service of the Divorce Application

After you have filed the Divorce Application, the Court will allocate a hearing date approximately 11-13 weeks from the date of filing of Divorce Application. A sealed copy of the Divorce Application must be personally served to the respondent by someone who is over the age of 16 years, other than the applicant him/herself.

If the respondent is in Australia, the service must be done at least 28 days before the Divorce hearing. If the respondent is not in Australia, the application must be served at least 42 days before the date of Divorce hearing. After the service of Divorce Application, you must obtain an affidavit of service from the person who served the Divorce Application and file that affidavit of service at the Court before the Divorce hearing.

6. Can’t Serve on the Respondent

You must make every effort to locate your spouse and serve the application for Divorce. If you cannot locate your spouse, then you will be required to make an application for substituted service. You will be required to file an affidavit stating what steps you have taken to serve the application.

If you have a question, want some more information or would just like to speak to someone regarding your family law matter, call Pannu Lawyers on 02 9920 1787 to make an appointment.


The information provided in this article does not constitute legal advice. This article only covers sole application for Divorce. You should seek professional advice from a qualified lawyer of your choice before filing the divorce application.

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