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Dissolving the marriage
||Complete the Application for Divorce form either solely or jointly.
||Swear or affirm the Application before a Justice of the Peace, Lawyer
or other authorised person in their state or territory. For joint
applications, all questions must be answered fully before it can be
||Make two photocopies of the signed Application for Divorce document, as well as any supporting documents available.
|4.||File the following documents in the family law registry either by hand or post:
Normally your case is listed for a hearing at the location where the Application for Divorce is filed, however you can ask for this to be changed to a circuit location visited by the Court.
The Court will stamp your application, give you a file number and a date and time for a hearing. They will keep the original Application for Divorce.
For joint applications, the court will give both spouses a sealed copy of the application and an information brochure called ˜Marriage Families & Separation.
For sole applications, the Applicant is given two copies of the sealed application and the information brochure ˜Marriage Families & Separation. The Applicant must then serve a sealed copy of the Application for Divorce on their spouse within these time frames:
If there are no children under 18, neither spouse has to attend the Hearing.
If a joint application was made and there are children under 18, neither spouse has to attend the Hearing.
If a sole application was made and there are children under 18, the Applicant must attend the Hearing at the time and date given. You can apply to the Court to appear by telephone under certain circumstances.
At the hearing, if the court grants the divorce, it will issue a divorce order. After one month and one day, this order will take legal effect and becomes final. The Court then sends a Certificate of Divorce to both spouses or their lawyers.
It is possible to shorten the time it takes for the divorce order to become final in certain circumstance by order of the Court.
The granting of the divorce does not decide issues about parenting arrangements and finances. This must be done separately. If you wish to apply for maintenance or division of property, this must be done within 12 months of the date the divorce becomes final otherwise permission of the Court will be needed to apply.
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