How to Get a Divorce in Australia?

Getting a divorce can be both emotionally taxing and legally complex. You need a competent lawyer to guide you through the process so that you can complete the legal formalities without having to face much trouble. Divorce Lawyers will be able to aptly represent your case in the court, enable you to obtain your rights, sort out matters regarding child custody, residence issues etc


You must fulfil certain pre requisites in order to apply for a divorce. The court requires proof of your marriage which can be in form of a copy of your marriage certificate. In case of unavailability of the same, you can provide some alternate evidence as per your lawyer’s advice. Also you must be an Australian resident, and the court must be satisfied that the relationship is irreparable. A separation of at least twelve months is sufficient for the same.

Applying for a divorce

You need to file for divorce either manually or through the government’s website. The form requires you to fill details about you and your partner, and children if any. For guidance on e-filing of divorce application, you can follow the user guide provided on the website. Also Read Types of Child Custody

Signature and photocopy

You are then required to sign the petition and swear to the application in presence of an authorised person. The authorised person could be a lawyer, Justice of Peace or any person who has the authority to witness affidavits. Thereafter, you must make two copies of the signed petition.

Also Read - Guide in Protecting Your Estates