Children's Matters

A divorce is an order from the court that dissolves a marriage between two people, recognising that they are no longer married. The divorce process in Australia is a ‘no-fault’ system that means neither party must provide reasons as to why they wish to divorce.

In order to file for a divorce, you must prove that you and your ex-partner have been separated for 12 months and one day.

You can apply for a divorce by filling in an online form. It is helpful to seek legal advice during this step to ensure you have filled out the form correctly. Once you have completed the form, you must swear or affirm the form in front of a lawyer or Justice of the Peace. This means that you have attested the validity of the form. You must then file your application to the Family Law Registry.

The current fee for filing for a divorce in Australia is $900. However, you may be eligible for a reduced fee of $300 if you have a health care card, pensioner concession card, seniors’ health card or any other card issued by the Department of Families Housing Community Services and Indigenous Affairs or the Department of Veterans’ Affairs that certifies your entitlement to Commonwealth health concessions. You may also receive a reduced fee if you are under 18 years of age, have been granted legal aid, are receiving youth allowance, are an inmate of prison or are experiencing financial hardship.

It will take at least four months to obtain a divorce certificate, however if you are encountering problems with your ex-partner, the process may take longer. Seeking legal aid can help the process flow more smoothly and quickly. You should not plan to remarry until you have received your divorce certificate.

Separation under one roof refers to a couple that have separated but continue to live in the same house. This arrangement could be for days, weeks or years following the initial separation. If the parties have lived separated under one roof for the required 12 month and one day period, they may also be required to submit further information to the court to validate the situation.

If you have children under the age of 18, the court may postpone the divorce until arrangements can be made for the children. The details of these arrangements must be explained to the court before the divorce can proceed.

You are free to revert to your maiden name after a divorce without asking the permission of your partner, however in order to change your child’s surname, both parents must agree.