Request A Call

Google Rating

5.0

Divorce Application in Queensland and New South Wales

The Basics

Is Divorce the same as property settlement?

Obtaining a Divorce is just that. The process is simple and, with us, it’s pretty inexpensive. But if you have other issues, like the division of your assets, or putting together an agreement for the future care arrangements for your children, that’s a separate issue altogether. We can still help you with that, and in fact, it’s all we do. If you need some advice about where to go with a property settlement or future parenting arrangements, let us know and we can have a chat to you about it.

How ‘fixed’ is your fixed fee?

If you go through the steps on our ‘Get a Quote’ page, it’ll give you a precise figure for what we’ll charge for your divorce. No if’s, but’s or maybe’s. That’s what it is and that’s what we’ll charge you. You’ll find quotes on other websites that look like pretty good deals, however you should look closely at them. Often, they don’t include the hearing, which you’re then expected to do yourself. We will attend at the hearing on your behalf and you won’t even have to take a day off work to be there.

What if I have other questions, or questions along the way?

Your fixed fee covers everything. If you’ve got questions, or there’s something you’re worried about, give us a call. That’s what we’re here for.

How long will the Divorce process take with Kate Austin?

We’ll have a prepared Application to you to review and sign within 48 hours of you providing your instructions to us. Once you’ve signed the document and returned it to us, we’ll file it online straight away. Usually, we get a hearing date around eight weeks from the date of filing. The divorce becomes final one month and one day after the date of the hearing. So you’re looking at around 13 or 14 weeks all up.

Is there anything that I have to do?

There are a few things. You’ll need to sign the Divorce Application once we’ve prepared it for you. But we’ll go through that with you so it’s easy. We’ll also need the following documents, if they’re applicable to your situation:

A copy of your Marriage Certificate.
A copy of any court orders for property settlement or children’s orders that have been made.
A copy of any domestic violence orders that are currently in place.
A copy of your passport or citizenship papers if you were not born in Australia.
A copy of your health care card or Centrelink card if you’re applying for a discount on the court filing fee.

Talk to a Family Lawyer Who Understands Your Situation

Calling a family lawyer can be difficult. Clients reach out every week with the painful situations they’re going through. If you’re facing something like this, and need help, don’t hesitate to get in touch or schedule an appointment where we can talk things over.

Talk to Us

Associations We’re Part Of

As experienced family lawyers, we’re also a member of Australia’s leading law associations.

More information on Consent Orders

Who May File An Application For Divorce

If you have separated from your spouse and would like to formalise it by obtaining a divorce, then you are entitled to under the Family Law Act 1975, which governs divorce uniformly across Australia. That is, whichever state you are in, the rules relating to divorce will be the same.

A divorce in Australia is final when the court grants an application. Once a divorce order has been granted, you will be able to commence division of your property.

An application for divorce may be heard in the Federal Circuit Court of Australia or the Supreme Court in your state. In order for the court to be able to hear an application for a divorce and then grant a divorce order, at least one person in the marriage must be either:

an Australian citizen; or
a person who has lived in Australia for at least one year before the application is filed; or
is a permanent resident of Australia.

This is set out in section 39(3) of the Family Law Act 1975 (Cth).

As an example, if you were born in Australia but your spouse migrated and became a permanent resident, then you would still be eligible to file an application for divorce here in Australia.

Either you or your spouse may file an application for divorce. The person who files the application becomes the ‘applicant’ while the other person will become the ‘respondent’. You may also choose to file the application jointly: section 44(1A).

When Can You File An Application For Divorce

The requirements to be met before filing an application for divorce are set out in section 44 of the Family Law Act.

Before filing an application for divorce, you must make sure it has been at least one year since the date you and your spouse separated, and you must record that date on the application.

Please note that if you were separated from your spouse but reconciled for three months or more, then the twelve-month separation period begins again.

Following the twelve-month separation period, there are three ways set out in section 44 by which you are entitled to bring the application for a divorce order in Australia. They are:

if it has been two years since the date of marriage; or
if it has been less than two years after the date of the marriage, but you have a signed certificate from a family counsellor or other person confirming that the parties have considered reconciliation to no avail (this certificate must be filed with the application); or
if you have not had any counselling, but the court is satisfied that there are special circumstances that justify the application for divorce proceeding.

How To Apply For A Divorce

Applications for divorce can be completed any time via the Commonwealth Courts Portal. If you require assistance navigating the Portal you can visit this page. You can also file the application in person at the court, via post, facsimile or email.

The application for divorce will not be officially filed until all components of the form have been filled in, the marriage certificate has been attached and the fee has been paid.

If your marriage certificate is not in English a translation must be provided. If you do not have your marriage certificate then you will need to obtain one at the Births, Deaths and Marriages registry. If the marriage was conducted overseas and a certificate cannot be obtained after attempts, then you can file an affidavit addressing this.

Once the application for divorce has been filed, then you must serve the application on your spouse.

Once you have served the application you can think about whether you are going to attend the hearing. You do not have to attend unless there is a child under 18 years of age involved. If you need to attend but cannot, then you can arrange to appear via telephone or videolink.

As it is a no-fault system in Australia, your application for divorce will probably be granted. Once granted, it will be finalised one month and one day after the hearing and then made available to you on the Portal.

Other Things To Consider About A Divorce

Religion

If you follow a religion, it is suggested that you see whether there are any requirements to be met for the religious organisation to recognise that a divorce has occurred.

Discontinuing the application and costs

If you decide that you no longer wish to get a divorce, then you can apply to the Federal Circuit Court to have the proceedings discontinued at least 14 days before the hearing. You can also apply to the Family Court, where no such rule applies.

You must file and then serve the Notice of Discontinuance on your spouse.

If it is less than 7 days before the hearing then you will need to seek permission from the court to file a Notice of Discontinuance.

This is not an automatic process and the other party may wish to continue the proceedings.

After being served the notice, the other party may apply, within 28 days, to have the costs of the proceedings paid for. The party who is then required to pay the costs must do so before any further proceedings regarding the same issue are launched. For more information about costs, view this fact sheet.

Appealing a divorce order

If a divorce order is granted, you cannot file an appeal after the date the divorce takes effect.

Although the court is split on this issue, it has explained that where a divorce order has become final, the only option available to a party who wishes to dispute it is to apply for a declaration that the divorce order is void: Price & Underwood (Divorce Appeal) [2009] FamCAFC 127.

Overseas divorces

For a divorce that was granted overseas to be recognised in Australia, one or both spouses must have a sufficient connection with the foreign jurisdiction at the time the divorce application was being heard in that jurisdiction. If that does not apply, then the parties will need to file an application for divorce in Australia.

If you have got any questions about the process or what you need to do, feel free to schedule a call with us and we’ll talk you through everything involved.

Schedule A Call

Contact Us

Kate Austin Family Lawyers
Head office:
Level 8, 193 North Quay
Brisbane QLD 4000

Sydney office:
Level 4, 20 Bond street
Sydney, NSW 2000

Office Hours
Monday – Friday: 9AM – 4PM

Or Request a Phone Call

Our Office:

Fixed Fee Family Law
Divorce Applications
from $398 plus court costs

Request A Call

Divorce Application in Queensland and New South Wales

The Basics

Talk to a Family Lawyer Who Understands Your Situation

Associations We’re Part Of

More information on Consent Orders

Who May File An Application For Divorce

When Can You File An Application For Divorce

How To Apply For A Divorce

Other Things To Consider About A Divorce

Contact Us

Office Location

Our Office Hours

Fixed Fee Family Law Divorce Applications from $398 plus court costs

Request A Call

Divorce Application in Queensland and New South Wales

The Basics

Talk to a Family Lawyer Who Understands Your Situation

Associations We’re Part Of

More information on Consent Orders

Who May File An Application For Divorce

When Can You File An Application For Divorce

How To Apply For A Divorce

Other Things To Consider About A Divorce

Contact Us

Office Location

Our Office Hours

Fixed Fee Family Law
Divorce Applications
from $398 plus court costs