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Divorce process in Australia by Aussie Divorce
1. date
Point 1
Complete an
Application for
Divorce
Swear or affirm and
sign the Application
for Divorce before a
lawyer, Justice of the
Peace
Point 2
File
File, by hand or
post, at a family law
registry:
the original and two
copies of the
Application for
Divorce, and
a copy of your
marriage certificate.
You also need to pay
a fee or you may be
eligible for a fee
reduction.
Point 3
Point 4
Serve papers
If you applied on
your own, you must
serve a sealed copy
of the Application
for Divorce and
information
brochure on your
If you jointly
apply, the Court will spouse:
at least 28 days
keep your original
before the hearing if
Application for
Divorce and give you your husband or
wife is in Australia
and your spouse a
at least 42 days
sealed copy of the
before the hearing
application and an
information brochure date if your husband
or wife is overseas.
'Marriage, Families
and Separation'.
Receive a hearing
date and documents
The Court gives you a
file number and a
time and date for a
hearing.
Basic steps to getting a divorce in Australia By Aussie Divorce
Point 5
Attend the hearing
If there is no child of
the marriage aged
under 18 years, you
are not required to
attend the court
hearing. This applies
for both sole and
joint applications.
If you have made a
sole application and
there is a child of
the marriage aged
under 18 years, you
must attend the
court hearing unless
circumstances
prevent you from
attending.
Point 6
Outcome of hearing
If your divorce
application is
successful, the Court
will grant a divorce
order. The order
becomes final one
month and one day
after it is made,
unless it is
shortened by order
of the Court.