Divorce
Application
Finalising a divorce application in Australia can be exhausting for couples, with courts often rejecting submissions due to errors. By working with Divorce Application Victoria, many mistakes can be avoided and the process is made easier.
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Our Process for Joint Divorce Application
Our service offers far more than a simple DIY divorce app.
We offer ongoing customer support, expert advice, solicitor-drafted documents, plus we arrange for a legal representative to attend and file in court on your behalf – saving you the inconvenience and stress of court attendance.
Divorce Questionnaire & Upload Documentation
Fill out our online divorce questionnaire on our website.
Divorce Application provides you with a list of documents* you need for the divorce process. Simply upload these documents to our portal as part of the questionnaire and we handle the next steps.
*If you’re missing required documents, we provide advice on how to obtain them.
Solicitor-Drafted Divorce Application
Upon receipt of your documents, we match you with a solicitor who will carefully draft your application and promptly return it to you for review. (We work with a panel of preferred accredited solicitors, ensuring you obtain quality legal representation, no matter where you reside in Australia.)
Sign The Divorce Application
Once you’ve reviewed and approved the solicitor-drafted application, we send you a finalised divorce application for both parties to sign in front of a Justice of the Peace or approved witness. Simply scan and email the signed document and we promptly proceed to file.
Divorce Application Filed in Court
We file your divorce application in court and notify you of the hearing date.
Our solicitor will attend the court hearing on your behalf, saving you the stress of attending*.
Divorce Order Finalised
Your divorce order is available to you one month and one day after the court hearing. (Note that once you receive your divorce order, your divorce in its entirety may not yet be finalised. Matters like Property & Financial Settlement, Parenting Plans and Property Transfer, if applicable, must all be finalised before a divorce settlement is complete.)
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Navigate your divorce with confidence. Schedule a consultation with us today.
Frequently Asked Questions
Got questions? We’ve got answers. Dive into our FAQ section to understand more about our services and processes.
- To apply for a divorce in Australia, you must have been legally married, and been separated for at least 12 months and one day.
- In addition, either you or your spouse must meet at least one of the following conditions
- You must regard Australia as your home and intend to live indefinitely in Australia
- You must be an Australian citizen by birth or descent
- You must be an Australian citizen by grant of citizenship
- You must live in Australia and have done so for at least 12 months immediately before applying for divorce (not including overseas travel for holidays or business trips).
To apply for a divorce in Australia, you need to prove you were legally married. A marriage certificate is required as proof.
If your marriage took place overseas, and your marriage certificate is in a foreign language, a certificate of translation needs to be lodged with the documents.
If you can’t locate your certificate and your marriage took place in Australia, you can apply to your state or territory’s Births, Deaths and Marriages office to obtain a copy of the document.
If you can’t locate your marriage certificate and your marriage took place overseas, you need to reach out to the appropriate foreign authority to secure a copy of your marriage certificate.
If, despite exhaustive efforts, you can’t obtain a copy of your overseas marriage certificate, you’ll need to submit an affidavit detailing the reasons for your inability to obtain the document. Divorce Application can connect you with a solicitor to assist you to draft this affidavit.
If you have been served with a divorce application, you need to acknowledge receipt as soon as possible.
- If you don’t agree to any of the facts in the application, you can file a Response to divorce. You need to make it clear which facts you disagree with.
- If you don’t want to get a divorce, you need to file a Response to divorce.
It’s also good to get the opinion of a divorce or separation lawyer to make sure you take the right steps during the response process. Divorce Application Victoria can provide you with advice for if you have been served divorce papers, as well as connect you with a legal representative.
In many cases, the solicitor we connect you with will attend the court hearing on your behalf. However, in the following circumstances, you may need to attend the court hearing yourself:
- You filed a sole application, and you have a child/children under the age of 18 as a result of the marriage
- You indicated that you want to attend the proceedings in the divorce application
- You objected or your spouse objects to the divorce
- You are a respondent who files a response to divorce
- You apply for an order for dispensation of service or substituted service.
Note that divorce court hearings occur electronically in Australia.
We recommend that parenting arrangements and division of assets are finalised prior to making your divorce application to avoid time limits.
Note that after the divorce is completed, you will only have a 12-month window to negotiate your property settlement or resort to court for property division if matters are not settled prior to the divorce order being granted, unless in exceptional circumstances.
