I'll take a divorce
Can anyone apply for a divorce?
You can apply for a divorce if:
- you are an Australian citizen
- you regard Australia as your home
- ordinarily live in Australia
- can satisfy that you and your spouse have been separated for 12 months
- do not intend to resume married life.
What does the process involve?
In order to process your divorce, we need a copy of your marriage certificate, details about when you separated, and your and your spouse’s identifying details. We then prepare your application and you sign the documents in front of a qualified witness. We will then arrange for you a Court hearing date, and send the documents to your spouse so that they are aware of what is going on. Your spouse must have at least 28 days notice if they are in Australia and 42 days if overseas. Then at the divorce hearing, the Court decides whether it can make the divorce order or whether it has to hear evidence from you on a later day. If the Court grants your divorce, a certificate will issue in a month and one day.