Divorce

Divorce is not the end of a family; it’s a reorganisation.

What does a divorce actually mean?

A divorce legally dissolves your relationship as a married couple – that’s it.

What happens if we divorce, but don't make our agreement about our financial split or maintenance official?

A divorced couple has 12 months from the date of their divorce to either make their agreements about their financial split and maintenance official or, if they don’t agree about one or both subject matters, then apply to the Court for a Judge to decide for them.

What is the effect of a divorce?

The effect of a divorce does a few things:

When applying for divorce, what else do I need to consider?

If you and your spouse lived together separated under one roof in the 12 months preceding your Application for Divorce, then two Affidavits must be submitted to the Court.

When applying for divorce, what else do I need to consider?

Your Will

Any Enduring Powers of Attorney (health related & financial)

Superannuation death beneficiary nominations

Life insurance policy beneficiaries

The 4 Step Process

STEP 1: Prepare the paperwork

Prepare your Application for Divorce through the Commonwealth Court’s Portal. Upload all of the required supporting documents.

STEP 2: Sign, submit and serve

Print your divorce application paperwork, correctly sign and submit to the Court via the Commonwealth Court’s Portal. Serve your partner with the paperwork (if applicable).

STEP 3: Divorce hearing

If required, attend the Divorce Hearing. If the conditions for a divorce are satisfied, your Application will be approved.

STEP 4: Divorce official

If the conditions for the divorce were satisfied, then 30 days later you are officially divorce. Your Divorce Order becomes available for download from the Commonwealth Court’s Portal.

There can be reasons why holding off on applying or objecting to a Divorce Application may be relevant to you. Legal advice on this is always a good idea.

Applying for divorce is relatively simple

You can make a sole application for divorce (which is by yourself) or make a joint application for divorce (together with your spouse).

Joint application

You and your partner apply jointly for a divorce.

If you have a child under 18 years, then you’re not required to attend the divorce hearing.

You don’t have to prove that you and your partner have notice of the divorce application because you’re applying together.

Sole application

You or your partner apply by yourself for a divorce.

If you or your partner have a child under 18 years, then the person applying must attend the divorce hearing.

The person applying for the divorce must prove that the other person has notice of the proceedings (i.e. they’ve been served).

What are the major differences?

Joint application for divorce

Sole application for divorce

Resources

Sometimes, it feels much easier to be get what you need without having to actually speak to someone

Get plain English, practical information and resources to help you in your separation without breaking the bank.

If you’re unsure on what you need, call our team on (02) 6100 3629.