How To Get A Divorce

Our Family Lawyers are experts on divorce. This guide will answer all of your questions, but don’t hesitate to get in touch so that we can help you in your matter. Divorce can be a simple process but also get much more complex, in either case, we recommend to seek legal advice to aid in making the process as painfree as possible.

This simple 7 step checklist for how to file for divorce will get you on the right track:

  1. Complete the Application for Divorce form

    You can download the divorce kit at the Federal Circuit Courts site here

  2. Sign the Application for Divorce in front of a JP or lawyer

    Our lawyers can assist you with this step, you can also find a Justice of Peace here.

  3. File the following documents with the court

    – The original + 2 copies of your divorce application    
    – The original + 2 copies of any other court documents (e.g. such as an affidavit)
    – A copy of your marriage certificate      
    – A citizenship certificate or your passport (if required)     
    – application for a reduction of the filing fee, with a copy of your pension card or financial details (if required)

  4. Pay the filing fee (full rate or reduced)

    At present the full rate filing fee for divorce in NSW is $865 and the reduced filing fee is $290.

  5. If required, arrange to serve your spouse and file proof of service with the court.

    If it is a joint application you do not need to do this.

  6. Attend your hearing

    Depending on your case, you may have to attend the hearing however this is not always required in straight forward cases .

  7. Obtain your divorce order from the court

    It will take 4 months from the date of your application submission.

Important: Remember property settlement and/or spouse maintenance applications must be filed within 12 months of divorce. Our Sydney divorce lawyers are here to help you every step of the way.

Common Questions About Getting Divorced in NSW:

How much does it cost to get divorced in NSW?

The filing fees as of March 2019 are $865

How long does it take to get a divorce?

You must allow a minimum of 4 months to receive your final Divorce Order (a.k.a. Divorce Certificate), this can take longer if you have any delays serving your spouse.

Do you have to be separated for a year to get a divorce?

Yes. To Apply for divorce in Australia you must be separated for at least 12 months. You can only apply for divorce in Australia after you have been separated for a period of at least twelve months.