Application for Divorce

Application for Divorce

In Australia, the principle of divorce is of no-fault. The Court will not consider why the marriage has ended, and only that the marriage broke down and that there us no reasonable chance the parties will reconcile. 

Both the Family Court of Australia and the Federal Circuit Court have the jurisdiction to deal with divorce under the Family Law Act 1975 (Cth). 

If a Divorce is granted it is formal recognition that a marriage has ended. Any issues of financial support, property or children have to be dealt with separately. 

Pre action procedures

In order to demonstrate to the marriage has broken down, you must establish that you have been separated for a period of 12 months and one day in your application. You must serve any application on the other party if it is an application of only one party before the hearing.  

There are fees involved in filing divorce applications, and will depend on a number of factors such as concessions or sole or joint applications. More information on fees can be found on the following page of the Family Court of Australia website see Filing Fees.

The following link to access the prescribed brochures and other information from the Federal Circuit Court Website see More Information


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