1. Understanding Divorce in Australia

• No-Fault Divorce: Australia operates on a “no-fault” divorce system, meaning that the only ground for divorce is the irretrievable breakdown of the marriage, demonstrated by 12 months of separation.
• Eligibility: You or your spouse must be an Australian citizen, resident, or regard Australia as your permanent home to apply for a divorce.

2. Legal Requirements

• Separation Period: Couples must be separated for at least 12 months before applying for a divorce. You can still live under the same roof during this period, but you’ll need to prove separation.
• Marriage Certificate You’ll need to provide a copy of your marriage certificate. If it’s in a language other than English, it must be translated by an accredited translator.

3. The Divorce Process

• Filing for Divorce:
  • Sole Application: One spouse applies for the divorce.
  • Joint Application: Both spouses apply together.
• Filing Online: The divorce application is typically filed online via the Commonwealth Courts Portal.
• Fees: A filing fee applies, but fee reductions are available for those with financial hardship or government concession cards.

4. Legal Support

• Legal Aid: Legal Aid commissions in each state and territory offer assistance for those who qualify.
• Community Legal Centres: Free legal advice is available at various community legal centres.
• Private Lawyers: Consider hiring a family lawyer if your case is complex, especially with matters involving children, property, or spousal maintenance

5. Financial and Property Settlements

• Property Division: Property must be divided fairly, though not necessarily equally. Agreements can be formalized through consent orders or binding financial agreements.
• Spousal Maintenance: In certain circumstances, one spouse may be required to support the other financially after separation.

6. Children and Parenting Arrangements

• Parenting Plans: These are informal agreements between parents about the care of their children.
• Consent Orders: These are legally binding agreements approved by the court.
• Family Dispute Resolution (FDR): Required before applying to court for parenting orders, unless exempted. FDR services are offered by various providers, including Relationships Australia.

7. Emotional and Practical Support

• Counseling Services: Various organisations offer counseling to help individuals and families cope with the emotional aspects of divorce.
• Support Groups: Groups like Relationships Australia and Lifeline provide support services.
• Financial Counseling: Services like the National Debt Helpline offer free financial advice for those struggling post-separation.

8. Domestic Violence Resources

• Immediate Help: Contact 000 if you’re in danger.
• Support Services: Services like 1800RESPECT offer counseling and support for those experiencing domestic violence.
• Legal Protections: Apply for an Apprehended Domestic Violence Order (ADVO) if necessary.

9. Post-Divorce Considerations

• Updating Legal Documents: Update your will, power of attorney, and other legal documents.
• Name Change: You may wish to revert to your maiden name or a previous name. This can be done via the Registry of Births, Deaths, and Marriages.

10. Useful Resources

• Family Court of Australia: Family Court Website
• Federal Circuit and Family Court of Australia: Court Portal
• Legal Aid: Legal Aid Directory
• Relationships Australia: Relationships Australia
• Information & help on domestic violence, and co-ercive control 1800RESPECT: 1800RESPECT