Relationships are complex creatures, so it goes without saying that when they end, they can become even more complicated. Untangling relationships can be hard.

Often when a relationship breaks down, the default terminology for married couples is that you are divorcing. Wrong. You are separating. You may later become divorced but initially you are separating. Let’s break this down.

Separation is when one party or both decide that they no longer want to be in a relationship with the other or each other.

Divorce in Australia is defined simply as the legal termination of a marriage. A divorce order is issued by the Federal Circuit Court and voila you are divorced.

Divorce in Australia

How do I become divorced?
In Australia you can apply for a divorce online through the Commonwealth Courts Portal (click HERE). You will need to set up a free account to apply.

What do I need to prove?
The family law system is a considered a “no fault” system, which is exactly as it sounds and means that you no longer have to prove who caused the relationship to end. You need to show that the marriage has broken down irretrievably (no turning back) and that you have been separated for 12 months and 1 day. Where there are children involved you will have to include details of the arrangements for the children. 

What does it cost?
The cost of a divorce is currently $910 or less if you are eligible for a concession discount. If you choose to engage a lawyer you will also have their fees to pay.

Do I need a Lawyer?
Not generally speaking you don’t. You may choose to engage a lawyer to make an application for divorce but you don’t need one.

Do I have to divorce my ex?
No you don’t. Many couples choose not to divorce and as long as you don’t want to remarry then generally there aren’t any legal issues.

It is important to understand though, if you do choose to divorce, a divorce does not finalise any issues regarding parenting and/or property/financial. More about this HERE.

How do I know when I am divorced?
Once the Federal Circuit Court makes the order for your divorce you will be notified through the online portal (LINK HERE). Your divorce will become final one month and one day later. Example your divorce is granted by the court on 1 April 2019, the divorce will be finalised on 2 May 2019 and a copy of the order with the Court seal will be made available to you through the Commonwealth Courts Portal. 

Until next time, be kind to yourself. 

Leave a Reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <s> <strike> <strong>