To be eligible for divorce, you need to prove that the marriage has irretrievably broken down, have lived separately for a minimum of 12 months and that there is no chance of reconciliation.
You will need a valid marriage certificate and a credit card to pay the $940 court filing fee. Depending on your circumstances, you may be eligible for a reduced fee. The nature of your marriage will impact how long it takes for the Registrar to decide whether to grant a divorce order, for example, if there is a joint application or if there are children involved.
Once a divorce order is granted, you will have a period of 12 months to file an application for any financial orders. If you are living overseas, you can still apply for a divorce in Australia as long as you meet the relevant criteria.
Eligibility
To be eligible to make a divorce application, you must meet the following requirements:
- The relationship must have irretrievably broken down
- You and your former spouse/partner must have been separated and lived apart for at least 12 months
- There is no reasonable prospect of reconciliation or resuming cohabitation.
All divorce applications are filed online via the Commonwealth Courts Portal by one of our family law solicitors.