Online Divorce Applications Australia
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We handle divorce applications online for clients across Australia, for a transparent fixed fee. We prepare the application, file it with the Federal Circuit and Family Court, arrange service on your spouse and appear for you at the divorce hearing. Meet us at our Melbourne CBD office, or complete everything by video and electronic signing.
Transparent fees
Our fee is agreed up front and covers the usual steps. If your situation is more complex – for example serving a spouse overseas or applying to dispense with service – we'll tell you about any extra cost before we start.
Wherever you are
Whether you live in Melbourne, Sydney, Brisbane, Adelaide, Perth, Canberra, Hobart, Darwin or overseas, you can apply for an Australian divorce by video consultation and electronic signing. Divorce hearings are usually held by phone or video.
Cross-border and complex divorces
Many of our clients' marriages have an overseas connection. We regularly help with:
- Divorcing in Australia after marrying in mainland China, Hong Kong, Taiwan, Singapore, Malaysia or elsewhere
- Certified translations of overseas marriage certificates, or a lost certificate
- Serving a spouse who lives overseas or cannot be found
- Separation under one roof
- Marriages of less than two years that need a counselling certificate or the court's permission
- Applicants who have lived in Australia for less than 12 months and rely on citizenship or domicile
- Matters involving arrangements for children, family violence or a change of name
Beyond the divorce
A divorce order ends the marriage but does not deal with property or children. Married couples generally must apply for a property settlement within 12 months after the divorce takes effect. Our family lawyers can help with property settlements, parenting arrangements and financial agreements, including through mediation.
For a quote or advice, call 03 9602 3988 or complete the form below.
Divorce Filing Service - Frequently Asked Questions
What fees are charged for our divorce filing service?
All costs associated with filing for divorce in court are included.
Note: After the court receives the documents related to the divorce application, you and/or your spouse must sign within three months for us to submit the applications. Otherwise, you must pay us additional fees to re-submit your divorce application.
What are the eligibility requirements for applying for a divorce in Australia?
Either of you must be an Australian citizen (by birth, descent or grant), be domiciled in Australia and intend to live here indefinitely, or have ordinarily lived in Australia for 12 months before applying. You must also have been separated for at least 12 months. If you have been married for less than two years, you generally need to attend counselling and file a certificate, or ask the court for permission to proceed.
How long do I need to be separated from my spouse before I can apply for a divorce?
You need to be separated for at least 12 months before applying for a divorce.
What is the process for applying for a divorce in Australia?
File an application for divorce, provide proof of separation, attend a court hearing if required, and receive a divorce order if the application is approved.
How do I prove that I have been separated from my spouse for the required period?
Provide evidence such as separate addresses, affidavits, or communication records showing that you’ve been living apart.
Can I apply for a divorce if my spouse does not agree to it?
You can apply for a divorce regardless of your spouse’s agreement. However, they will need to be served with the divorce papers.
What documents do I need to provide when applying for a divorce?
You need to provide a completed divorce application form, proof of separation, marriage certificate, and possibly additional documentation like proof of citizenship.
What services are included in our fixed fee divorce service?
Our online divorce services include:
Complete divorce application;
Filling fee for court;
To communicate with your spouse on your behalf.
provide you and your spouse with a copy of the divorce order,
Represent you in court unlimited times until your divorce application is successful.
Do I need to attend court for my divorce application?
For a joint application, or a sole application with no children under 18, you generally don't need to attend the hearing. For a sole application with children under 18, the applicant generally needs to attend by phone or video. We can appear for you.
How long does it typically take for a divorce application to be processed?
If the documents are in order and have been served, the hearing is usually around two to three months after filing. Once granted, the divorce order generally takes effect one month and one day later.
Can I apply for a divorce if my spouse and I are still living together?
Yes, you can apply for a divorce while living together as long as you can prove you are separated.
What happens if my spouse contests the divorce application?
If contested, the court will schedule a hearing to resolve the issues. If uncontested, the process is straightforward.
How does a divorce affect my financial and property settlements?
Divorce does not automatically affect financial and property settlements; you will need to make separate arrangements or applications for these.
Will the court help me resolve issues related to child custody or support as part of the divorce process?
The divorce process itself does not address child custody or support; you must make separate arrangements or apply to the court for these issues.
What is the difference between a divorce and a legal separation in Australia?
A divorce legally ends the marriage, whereas legal separation does not; it just means you live apart while remaining married.
Can I apply for a divorce if I was married overseas?
Yes, you can apply for a divorce in Australia if married overseas, but you must meet Australian jurisdiction requirements.
What if I have been married for less than 2 years and want a divorce?
You may need to attend counselling and provide evidence of reasons for the short marriage or demonstrate exceptional circumstances.
How do I handle divorce applications if I live outside of Australia but my spouse is in Australia?
If you live outside Australia, you can still apply for a divorce if your spouse is in Australia, and you may need to follow specific procedures for serving documents.
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