Loading...

How To Apply And File For Divorce

3 April 2017

A divorce is the legal process of dissolving a marriage between a married couple.  It is often confused with issues of property settlement and parenting but it is a separate process to both property settlement and parenting issues. So what do you need to do to get one.

Requirements before applying for a divorce in Australia

 12 months separation

Australia does not have any fault based requirements for a divorce. The sole requirement for a divorce is an “irretrievable breakdown of the marriage”. This breakdown is the only reason or requirement for divorce. This breakdown is established by you having been separated from your spouse for at least 12 months (this is usually a physical separation, but can include separation “under one roof”).

Married less than two years

If you have been married for less than 2 years at the time you wish to apply for a divorce then you must do one of the following:

  1. Attend counselling with a family counsellor to discuss the possibility of reconciliation with your spouse. Following the counselling, the counsellor will need to complete a counselling certificate setting out that the possibility of reconciliation was discussed with both spouses; or
  2. If counselling has not occurred, seek permission from the court to apply for a divorce, which is done by filing an affidavit with the divorce application setting out why there are ‘special circumstances’ as to why the counselling has not occurred. For example, if there has been domestic violence or your spouse cannot be located.

For example, if there has been domestic violence or your spouse cannot be located.

 Your divorce application – “how to get a divorce”

Where to get divorce application documents: A divorce application can be downloaded from the Federal Circuit Court website.

Joint Application or Individual Application: You can either apply individually or you can apply jointly with your spouse.  If you apply individually you will need to arrange to serve the filed application on your spouse at least 28 days before the divorce hearing and then file an affidavit proving service.

Divorce with children.  If you have children of the marriage under the age of 18 years you will need to include detailed information about the parenting arrangements and the care of the children in the application.  If you have made an individual application then you will need to appear in court for the divorce hearing.

Do I have to go to the hearing? If your spouse objects to your application for divorce for example they dispute the date of separation, or if you are still living under the one roof then either you or your spouse should attend the hearing to answer any questions the court may have.  You will also have to go to court if there are children under 18 years and the divorce application was made by you alone.

Frequently asked questions (FAQs) about divorce in Australia

 Q. How long does a divorce take?

A. You are usually given a hearing date approximately 6 to 8 weeks after filing your application. At the hearing, if the court has no issues with your application they will grant a Decree Nisi Dissolution of Marriage. It then takes a further one month and one day for that Decree to become Absolute. You cannot re-marry until the Decree becomes Absolute.

Q. How much does a divorce cost?

A. The Federal Circuit Court Registry charges a filing fee of $865 (current as at November 2016). However the court also has a reduced fee option that you may be eligible for of $290 (current as at November 2016). There are certain requirements that you must meet in order to be granted a reduced fee, for example if you hold a government concession card or can prove financial hardship. You will need to fill out an exemption form which can be found on the Federal Circuit Court website.

Q. How can I best cope with divorce?

A. Divorce can be a stressful event for most people. We strongly recommend that you seek counselling support after separation.

Need Help?

If you are worried or confused about how to divorce then we can assist you. Call us on (07) 3221 4300 for an initial consultation.

bank notes
2019-04-23T14:45:03+10:00

Client Testimonials

If I need a family lawyer in the future I’ll be heading to Michael Lynch Family Lawyers again.
C.W., Brookfield

Thank you for helping me through this difficult time. You have been caring, compassionate and efficient. Some of my divorcing friends have not been so fortunate. In my mind, you are the best family lawyer in Brisbane. If anyone I know needs a good family lawyer, I will tell them to speak to you. Thanks again.

B.T., Clayfield
Thank you for your ongoing conciliatory approach in this matter and as always I appreciate your level headed advice. I certainly feel that I ended up with the right Solicitor.
S.C., Nundah
My family lawyer was very helpful in assisting me to combat a very ugly situation without stooping to the low levels that the other solicitor attempted to take us.
M.J., Manly

Michael Lynch Family Lawyers know what they are talking about.

R.M., Warwick
Your team is professional, warm, friendly and real.
N.R., Crows Nest
I appreciate my lawyer’s professional approach and her being on top of my situation.
N.S., Mt Gravatt

Michael Lynch Family Lawyers are easy to deal with, and your systems are good.

D.T., Ferny Grove

My lawyer was the most knowledgeable of all lawyers I spoke to when looking for a lawyer. Michael Lynch Family Lawyers showed professionalism.

R.R., Brighton
Michael Lynch Family Lawyers have really listened to me. I felt confident my case was handled well. The law has changed recently, and I did not feel that a previous law practice I spoke to was suitably up-to-date.
P.B., Carindale

Many thanks to Stephanie for her help and support through this time, I was incredibly impressed with her work.

L.K., North Lakes
I was impressed by my solicitor’s attention to detail and her concern for me, and that the process was explained to me and that I understood it at all times.
B.W., Chapel Hill
A personalised and professional service. Information has been clear and provided timely to assist my decision-making.
S.S., Hamilton
Your team’s communication with me was exceptional, I knew exactly what was happening.
A.A., Eatons Hill
The staff at Michael Lynch Family Lawyers were great. Everyone was fantastic, professional, understanding, caring and always communicated with me. I knew I was in good hands.
A.A., Eatons Hill
Thank you for providing me with a professional yet empathetic approach to gain the best outcome for me. My solicitor was excellent in explaining the processes and in representing me in Court. You have great customer service!
T.V., Everton Park
Michael Lynch Family Lawyers always gave me competent and knowledgeable advice. I was consistently kept up to date. The meetings and phone calls were kept business-like, yet caring and thoughtful of my emotional state at the time. Thank you.
J.S., Holland Park
I always felt that the service provided by Michael Lynch Family Lawyers was of a high standard. Each time, after appointments I came away feeling secure. Keep doing what you are and maintain the ‘family feel’ that permeates your services.
C.W., Brookfield

I was always confident that I was getting the very best advice.

T.S., Flinders

Thank you Debra for all the work you did for me, you both made the process manageable and brought sense to the chaos.

R.B., Toowong
Thank you for the great newsletter. Your article on “Coping with Christmas” is brilliant – clear, caring and helpful. Thanks again!
C.T., Bribie Island

At Michael Lynch Family Lawyers I got professional and ‘no-nonsense’ advice, costs were within quoted amounts and my matter was resolved quickly – well done!

L.R., Ascot

Thank you, you kept me sane in a difficult situation and gave me the encouragement and the confidence to keep going. You made me feel extremely comfortable.

A.M., Chambers Flat
My solicitor provided a personalised service, prompt and quick responses and cost information prior to my commitment.
G.C., Southport
I like that my lawyer treated me like a friend and kept jargon to a minimum. She was easy to contact and kept me informed.
L.R., Samford

Thank you for being very personable, professional and always providing me with the most appropriate advice in my times of difficulty. The other party’s lawyers were extremely aggressive, while Michael Lynch Family Lawyers remained calm and professional.

S.D., Parkinson
I was guided through a really difficult time with expertise of Michael Lynch Family Lawyers. I am more than happy with the outcome of mediation.
J.H., Windaroo
Many thanks for your assistance – life is now great – I’m moving on.
J.K., Mansfield
Amy’s work was extremely professional but above all she has a manner and wisdom in dealing with people under stress. I will be recommending your firm to anyone that requires assistance.
K.H., Augustine Heights
Thank you for the outstanding legal advice you have provided and professionalism in which you conduct yourself. I am truly thankful that it was you who represented me.
M.T., Stafford

I was very impressed with the initial interview. Everything was well-explained, and the advice was honest about what I should expect.

C.M., Morningside
So pleased to have had a good, sound and knowledgeable firm.
C.W., Brookfield

Thank you very much to everyone at Michael Lynch Family Lawyers. Thank you for helping me get my life back and make a fresh start. To have that fresh start without fear and anxiety is priceless.

A.A., Perth

I’m very glad ‘Michael Lynch Family Lawyers’ is my lawyer and not the other side’s solicitor.

S.S., Hamilton
Lovely to deal with and provides a balanced view in what are very difficult circumstances.
A.C., Morningside
Michael is very personable and very good at covering the material and explaining the strategy.
J.O., Hawthorne

My lawyer has been an amazing help through this stressful time. I will remember her help for the rest of my life. Thank you.

J.H., Brisbane

I have appreciated the way that you and the staff at your firm have handled my situation. I would especially like to mention the professional and caring way my lawyer conducted my case, I am deeply grateful and extremely happy with the results. I will be referring others to your service.

J.H., Wellington Point
Your newsletters are great, I appreciate them.
K.B., Carina

I just wanted to get in touch to say thanks for helping me get through my custody and settlement. Thanks again to you and your staff. You have had a significant positive impact in my kids’ lives!

B.S., Brisbane
Amy, thank you for all that you have done during this matter. You impressed me with your professionalism from our initial meeting, and you have proven beyond doubt, to have had the skills and knowledge required. You are a credit to the company, and I would highly recommend you to anyone in a similar situation.
R.P., Cleveland

My solicitor is a good listener. My documentation maintained the high moral ground.

S.S., Hamilton

You, guys, provide extraordinary service.

A.O., North Brisbane
I really appreciated the happiness of your secretarial staff.
G.C., Clayfield
I liked my solicitor keeping things as simple as possible.
S.M., Clayfield
I like your friendly service and the ability to speak to my solicitor directly.
R.G., Wishart

I would like to thank your firm for the support and compassion shown while dealing with my matter.

C.M., Brisbane
Amy, thank you. You have been diligent, accurate and pro-active for the entire duration of my matter. I appreciate it.
R.P., Cleveland
The professionalism and reliability delivered by Amy Honan was fantastic. I had an urgent matter around my property sale and Amy offered to provide assistance over a weekend if I required it – that’s above and beyond!
E.F., Nundah
I appreciate you being upfront with fee estimates. You also have a fantastic website and the seminars REALLY helped to get me focussed.
T.C., Tarragindi
My lawyer acted with professionalism in all her dealings with me and with the lawyer on the other side. I was always kept in the loop. I liked her approach. Thanks.
D.S., Coorparoo

After utilising the mediation services team recommended by your organisation, my ex-partner and I were able to reach some interim agreements about parenting. I am incredibly grateful for the advice provided by Debra Effeney; and found your firm’s services to be exceptionally professional. If we needed to consult a family lawyer in the future, we would have no hesitation in reconnecting with your firm.

K.M., Paddington
Amy, thanks very much to you and your team. Throughout my dealings with MLFL I have been continually impressed with your level of professionalism and, in particular, your understanding of circumstances and the articulate way you conduct yourself. I was completely satisfied with today’s outcome and without your experience and expertise in family law I doubt that the result would have been achieved.
M.R., West End
Michael, thank you again for your presence here yesterday. We really appreciated the clarity and accessibility of your presentation. It is a rare thing to find somebody who not only has expertise, but also has a skill in communicating it.
J.S., Brisbane
May I take this opportunity to express my gratitude to you and your staff for the excellent professional services I received. In a word, priceless.
D.H., Hendra

I really liked the personable service by Michael Lynch Family Lawyers, the simple plain language you adopt and everyone’s patience.

A.O., Kedron
Thank you, you placed my needs first, you were aware of the need to reach a final result and not get caught up in the personal issues of the other party.
S.L., Moranbah

We had such a positive experience with Michael Lynch Family Lawyers, and we highly recommend their services. Meticulous attention to detail, attended quickly to every additional request we made, and made sure we always knew exactly where we were every step of the way. Our lawyer took what was such a stressful and emotional time for our family, and made the process feel so smooth and seamless.

N.B., Brisbane

Your staff is knowledgeable, professional and very calm.

A.C., Helensvale