Divorce Application in Australia

Completing a divorce application is typically the final step in finalising separation for couples who are legally married. 

Simple Separation helps eliminate the hassle associated with divorce applications, providing a smoother path forward for both parties, without the added stress.

Read on to find out how we make it easier.

Going through a divorce can be a challenging and emotionally taxing process, however thousands of Australians navigate it every year. With 2.2 divorces per 1,000 residents, it’s clear that divorce is an experience many people face, and will continue to face.

Finalising a divorce application in Australia can be exhausting for couples, with courts often rejecting submissions due to errors. By working with divorce specialists, many mistakes can be avoided and the process is made easier.

How Simple Separation makes the joint divorce application process easier

Divorce can be emotionally and physically draining, however with the right support, your divorce can be made more simple and manageable.

Our divorce services help streamline the divorce application process. We offer practical advice, provide expertise in paperwork (thus minimising mistakes), and set you up with professional legal support. This all helps to expedite the divorce process and provides important relief and confidence for couples going through this life change.

Types of divorce applications in Australia

 

Joint divorce application

If both spouses agree to end their marriage, they can file for divorce together by jointly signing and submitting the application. In this scenario, there’s no need for documents to be formally served.

A joint divorce application is the best approach for couples who have amicably separated and prefer working together throughout the process. It is a more simplified process that reduces conflict and the likelihood of future court interventions. For assistance with a joint divorce application, contact Simple Separation.

 

Sole divorce application

This type of application is suitable when one partner (the applicant) initiates divorce proceedings alone. As part of this process, divorce papers are formally served to their spouse (the respondent) by a third party process server.

The legal notification of the application for divorce ensures both parties are aware of the process. This type of application is pursued in circumstances when one spouse is taking charge of the divorce, or when the other party is unresponsive. Court appearances may be required if the respondent fails to cooperate.

 

The Simple Separation Process

Our process for joint divorce application

Our service offers far more than a simple DIY divorce app.

We offer ongoing customer support, expert advice, solicitor-drafted documents, plus we arrange for a legal representative to attend and file in court on your behalf – saving you the inconvenience and stress of court attendance.

If you plan on applying for a joint divorce in Australia, the Simple Separation team can assist.

01

Complete the application

Couples can complete and file their divorce applications online and then track the application progress. You will have to submit your marriage certificate and other documents (as required) when completing the application.

 

02

Print it and sign

Once the application has been completed you will be required to ‘lock’ the application so that you can print and sign it. When you and your partner are signing the application you will need to do so in front of a witness.

 

03

Return the application

Once the application is signed it will need to be returned using the Commonwealth Courts portal and uploaded. You will be allocated a court but since you’re applying for a joint divorce you won’t need to attend the hearing.

 

04

Divorce order

The divorce order will come into effect and be available for download via the portal after 1 month and 1 day after the divorce hearing. You will have 12 months following the divorce to apply for a property settlement.

 

How it Works

We understand that divorce can be emotionally and physically draining and that support is something that people require to make it a simple and manageable process.

Step 01 Divorce Questionnaire

Fill out our online divorce questionnaire on our website.

Step 02 Upload Documentation

Simple Separation provides you with a list of documents* you need for the divorce process. Simply upload these documents to our portal as part of the questionnaire and we handle the next steps.

*If you’re missing required documents, we provide advice on how to obtain them.

Step 03 Solicitor-Drafted Divorce Application

Upon receipt of your documents, we match you with a solicitor who will carefully draft your application and promptly return it to you for review. (We work with a panel of preferred accredited solicitors, ensuring you obtain quality legal representation, no matter where you reside in Australia.)

Step 04 Sign The Divorce Application

Once you’ve reviewed and approved the solicitor-drafted application, we send you a finalised divorce application for both parties to sign in front of a Justice of the Peace or approved witness. Simply scan and email the signed document and we promptly proceed to file.

Step 05 Divorce Application Filed in Court

We file your divorce application in court and notify you of the hearing date. 

Our solicitor will attend the court hearing on your behalf, saving you the stress of attending*.

Step 06 Divorce Order Finalised

Your divorce order is available to you one month and one day after the court hearing. (Note that once you receive your divorce order, your divorce in its entirety may not yet be finalised. Matters like Property & Financial Settlement, Parenting Plans and Property Transfer, if applicable, must all be finalised before a divorce settlement is complete.) 

Experience a stress-free divorce application process with Simple Separation

Before Divorce Application

 

There are steps that are best taken prior to making a divorce application. These include completing property and financial settlements and property transfer, and for those with children from the marriage below 18 years of age, finalising a parenting plan.

The reason why it’s preferable to sort these things out before divorce, is that time limits are put in place once you are divorced. For example, if you and your spouse have obtained a divorce order ending your marriage, it is important to know that the order not only formally ends your marriage but starts a 12-month time limit running for you and your spouse to resolve your financial matters, such as property settlement and spousal maintenance.

If you need assistance sorting these issues out, Simple Separation can assist with arranging fair and equitable Property Settlements (also known as financial settlements) for you and your partner, and with Property Transfers.

Frequently asked questions

  • DIY Approach

    Taking the Do It Yourself approach to your divorce can add a lot of stress to your life. Aside from getting the motivation to set the divorce application process into action, you will also need to research which documents you need to submit, locate required documents, produce affidavits if required, make court filings, and attend court yourselves. During this process, it’s all too easy to miss essential documents, or make mistakes completing paperwork, which can result in further work and delays in your divorce application.

    Whilst the DIY option may be cheaper, it comes with all the stress. Alternatively, you can work with Simple Separation, and have peace of mind knowing the essentials are being handled efficiently by experts.

    Solicitor-Direct Approach:

    Solicitors will provide the same service as a divorce application service, however at a much higher cost. Generally a solicitor will charge approximately $2,000 - $3,000, in addition to the court filing fee of $1060. On top of that, costs may escalate if you haven’t already sorted out things like property settlements and parental plans ahead of your divorce application (Simple Separation can support you to have these settled ahead of your application).

    Working with Simple Separations:

    When Simple Separations handle your divorce application, it is a more affordable option than working with a solicitor directly. We charge a fixed fee for a joint divorce application, plus the mandatory court filing fee.

    Your documentation is still checked over by a solicitor, so errors and unnecessary delays are prevented. The solicitor assigned to your case also attends the divorce hearing on your behalf, saving you the stress of attending yourself. In addition, we have a team of divorce experts on hand to answer any questions you have about your divorce. You can access us at any time during the process and we make the journey more seamless and less stressful.

  • If you and your spouse agree to file for divorce together, neither of you need to go through the process of formally serving your spouse with a divorce application. You also don’t need to attend the court hearing, even if your children from the marriage are under 18.

    In addition, if you are at the point of agreeing to make a joint divorce application, it is more likely you have already discussed, if not finalised, a number of other important matters relating to your separation, such as property settlement and parenting plans. This means your divorce can be actioned faster and with fewer complications.

    • To apply for a divorce in Australia, you must have been legally married, and been separated for at least 12 months and one day.

    • In addition, either you or your spouse must meet at least one of the following conditions

      • You must regard Australia as your home and intend to live indefinitely in Australia

      • You must be an Australian citizen by birth or descentYou must be an Australian citizen by grant of citizenship

      • You must live in Australia and have done so for at least 12 months immediately before applying for divorce (not including overseas travel for holidays or business trips).

  • Yes, however you may need to provide extra evidence to prove your change in marriage at the time you separated. Simple Separation will refer you to a solicitor who can help you prepare and file an affidavit to confirm the separation.

  • To apply for a divorce in Australia, you need to prove you were legally married. A marriage certificate is required as proof.

    If your marriage took place overseas, and your marriage certificate is in a foreign language, a certificate of translation needs to be lodged with the documents.

  • If you can’t locate your certificate and your marriage took place in Australia, you can apply to your state or territory’s Births, Deaths and Marriages office to obtain a copy of the document.

    If you can’t locate your marriage certificate and your marriage took place overseas, you need to reach out to the appropriate foreign authority to secure a copy of your marriage certificate.

    If, despite exhaustive efforts, you can’t obtain a copy of your overseas marriage certificate, you’ll need to submit an affidavit detailing the reasons for your inability to obtain the document. Simple Separations can connect you with a solicitor to assist you to draft this affidavit.

  • If you have been served with a divorce application, you need to acknowledge that you’ve received it as soon as possible.

    • If you don’t agree to any of the facts in the application, you can file a Response to divorce. You need to make clear which facts you disagree with in this.

    • If you don’t want to get a divorce, you need to file a Response to divorce.

    It’s also good to get the opinion of a divorce or separation lawyer to make sure you take the right steps during the response process. Simple Separations can provide you with advice for if you have been served divorce papers, as well as connect you with a legal representative.

  • In many cases, the solicitor we connect you with will attend the court hearing on your behalf. However, in the following circumstances, you may need to attend the court hearing yourself:

    • You filed a sole application, and you have a child/children under the age of 18 as a result of the marriage

    • You indicated that you want to attend the proceedings in the divorce application

    • You objected or your spouse objects to the divorceYou are a respondent who files a response to divorce

    • You apply for an order for dispensation of service or substituted service.

    Note that divorce court hearings occur electronically in Australia.

  • We recommend that parenting arrangements and division of assets are finalised prior to making your divorce application to avoid time limits.

    Note that after the divorce is completed, you will only have a 12-month window to negotiate your property settlement or resort to court for property division if matters are not settled prior to the divorce order being granted, unless in exceptional circumstances.

    To find out more about our assistance with Property Settlements, see our Separation Ready, Separation Assist, and Separation Impending packages, covering the different stages of your separation.

    For Parenting Plans, we offer assistance with creating Parenting Plans, with Family Dispute Resolution (Mediation), and with referral to Legal Representation.