Are you wondering how to get a divorce in Australia?
Our divorce mediator Ian Shann walks you through the divorce process and an affordable way to divorce – through family mediation.
No Fault Divorce
Getting a divorce in Australia has become a much simpler and more amicable process since the introduction of the Family Law Act 1975. This legislation introduced the concept of a no-fault divorce was legalised in Australia.
It is now not necessary to prove that one person is at fault for the marriage breakdown.
Now there are only a few simple requirements to get a divorce in Australia.
Divorce Application Requirements In Australia
The separating couple need to prove that they have been separated for at least 12 months prior to applying for a divorce.
This applies even if the couple is still living together in the same property. It’s not always practical or affordable for one person to move out, so it’s important to note a separation date even if you remain living under the same roof.
You can do this by opening a separate bank account or officially changing your financial affairs or payments to reflect your separation. Or you can simply agree or advise the other person that you regard the relationship as being over.
You must also be a citizen of Australia, ordinarily live in Australia (and have done so for the 12 months prior to filing for divorce), or regard Australia as your home and intend to live here indefinitely.
If you have not been married for more than 2 years, you are also required to first seek marriage counselling or apply for the Court’s permission to divorce. You can find out more about this here.
Property, Finance and Child Matters
Your divorce application will only deal with the breakdown of your marriage.
It will not deal with any other related matters such as the division of property, financial matters, or childcare and parenting arrangements.
These can be discussed in family mediation to seek an amicable resolution without the costly fees that using family lawyers can incur.
How To Get A Divorce In Australia
To apply for a divorce in Australia, you need to complete an online application for divorce and pay a filing fee. The current filing fee is $910 but, if eligible, you may qualify for a fee reduction. You can read the guidelines for divorce fee reduction here.
You can read and print out the full process for applying for a divorce in Western Australia on the Family Court of WA website.
Before you get a divorce in Australia, it can be worth booking a divorce mediation session to try to resolve any disputes amicably between you and your ex.
Divorce mediation can help you work out how to split your assets in a fair and reasonable way and how to co-parent successfully without leaving it in the hands of your family lawyer and the Court.