In Australia, divorce is granted solely on the ground of irretrievable breakdown of the marriage. This means that the court must be convinced that the marriage has broken down beyond repair and that there is no reasonable prospect of reconciliation.
A divorce kit can be downloaded from the Federal Circuit and Family Court of Australia website. It takes you through all the steps you need to complete your divorce application, including how to file it. You will need to have a certified copy of your marriage certificate to upload onto the Commonwealth Courts Portal (if you are filing) or to attach to your divorce application if you submit the document in person with the Court
Once you have submitted your divorce application into the Federal Circuit and Family Court of Australia (this is called “filing”), it needs to be provided to your wife/husband. This is called “service”. When you file your Application, you will be given a date on which your Application will be heard. You must serve the Application on your husband/wife 28 days before the Application is due to be heard if they live in Australia and 42 days before the Application is due to be heard if they live overseas. You must prove to the Registrar (the judicial officer dealing with your divorce application) that your wife/husband has been served. You are not allowed to serve the divorce application personally. Service can be effected in the following ways:
When you serve your divorce application, you must also provide the following documents:
A Federal Circuit and Family Court of Australia brochure called Marriage Families and Separation;
If you are confident that your husband/wife will sign and return the acknowledgement of service form, you should post it with your divorce application and the Marriage Families and Separation brochure with a self-addressed, stamped envelope requesting your husband/wife to sign, date and return the Acknowledgement of Service form in the envelope. When you receive the Acknowledgement form back, you need to sign a statement (called an affidavit) confirming that the signature is that of your husband/wife.
If you are not confident that they will acknowledge service, it is sensible to use either a process server or a friend to serve the document personally to your husband/wife. They can ask the person to sign the Acknowledgement at the time of service. They will then need to swear/affirm a statement called an affidavit confirming that they served the document.
The affidavits of service need to be filed in Court prior to the day on which your matter is heard to prove to the Court that you have served the documents on your husband/wife.
If you apply for a divorce together, none of the service requirements apply. You can also elect not to attend Court when your Application is dealt with.
When you’re down, you need the right people on your side to help you stand back up. If you’re facing a separation or divorce, Foye Legal are ready and willing to fight for your rights and make sure you get everything you deserve.
Seeking legal assistance early gives you control over your situation, helping you avoid complications and manage costs effectively. This guide provides practical tips, checklists, and key insights to help you confidently navigate legal processes to secure the best possible outcome.
Your first consultation is vital in safeguarding your interests and laying the foundation for the best possible outcome. At Foye Legal, we value the trust you place in us and are committed to providing clarity, strategy and unwavering support from day one.
In Australia, the only ground for divorce is the irretrievable breakdown of the marriage. This means the marriage has broken down beyond repair and there is no possibility of reconciliation.
You must have been separated from your spouse for a continuous period of at least 12 months before you can apply for a divorce.
The division of property and finances is a significant aspect of divorce. The court will consider factors like the financial and non-financial contributions of each spouse, their future needs, and any existing agreements.
Child-related matters, such as custody, parenting time, and child support, are crucial considerations in divorce proceedings. The court’s primary concern is always the best interests of the child.
A divorce lawyer can provide legal advice and representation throughout the divorce process. They can help you understand your rights and obligations, negotiate with your spouse or their lawyer, and represent you in court if necessary.
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3/1 MEMORIAL DRIVE SHELLHARBOUR CITY NSW 2529
LEVEL 3, 63 MARKET STREET WOLLONGONG NSW 2500
contact us to make an appointment
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