Easy Divorce Application in NSW: Expert Legal Guidance

A divorce application in NSW is a legal process for married couples who wish to end their marriage. To initiate the divorce proceedings, one party must submit a divorce application to the Federal Circuit Court of Australia. The application must meet specific requirements, including proof of the marriage, evidence of separation, and any relevant parenting arrangements. As a rule of thumb, you must be separated for 12 months and be an Australian citizen before you can lodge an application.


After the application has been filed, the court will set a hearing date to review the application and decide on whether or not to grant the divorce. If the application is approved, a divorce order will be issued, and the marriage will be legally dissolved.


It is important to seek legal advice before submitting a divorce application in NSW to ensure that all legal requirements are met and to have a clear understanding of the process.

Here are the steps to apply for divorce online in Australia:


  • Determine if you are eligible for divorce: To file for divorce in Australia, you must meet certain eligibility criteria, such as having lived separately and apart from your spouse for at least 12 months. You can find a complete list of eligibility criteria on the website of the Federal Circuit and Family Court of Australia.
  • Prepare and gather the required documents: Before you begin the online divorce application process, you’ll need to have several documents ready, including your marriage certificate, proof of citizenship or residency, and any relevant court orders or agreements. You may also need to provide additional documentation if you have children under 18.
  • Complete the online application: Once you have all the required documentation, you can begin the online divorce application process. You can do this by visiting the Commonwealth Courts Portal and creating an account. From there, you can complete the application and submit it electronically. This is known as the initiating application.
  • Pay the application filing fee: You’ll need to pay a fee to file your divorce application online. The fee can be paid using a credit card or through the Commonwealth Courts Portal.
  • Serve the divorce papers on your spouse: After you’ve filed your divorce application, you’ll need to serve the divorce papers on your spouse. You can do this by post or email, or by arranging for a process server to deliver the papers in person.
  • Attend the divorce hearing: Once your spouse has been served with the divorce papers, a court hearing will be scheduled. You’ll need to attend the hearing, either in person or via telephone or video conference, and answer questions from the judge to finalise the divorce.

Filing for divorce online in Australia can be a straightforward process if you follow the steps above and have all the necessary documentation. However, it is highly recommended that you seek the advice of a family law solicitor before you do so or when making an application for divorce.

If you’re unable to find your original marriage certificate, try to provide a copy or certified copy of it to your lawyer if possible. However, there may be situations where there is no certificate of marriage, which could be due to reasons such as the non-issuance or non-registration of the certificate, or the loss or destruction of the original certificate without the possibility of obtaining it.


Once you have exhausted all reasonable attempts to obtain a copy of the marriage certificate, you’ll need to provide proof of the marriage and file an Affidavit. The Affidavit should contain details about the time and place of the ceremony and confirm that both parties understood the ceremony to be a marriage ceremony.

Yes, it’s possible to withdraw a divorce application in Australia. If you’ve filed for divorce but have changed your mind or wish to reconcile with your spouse, you can apply to the court to withdraw the application. Here’s what you need to know:


  • Withdrawal before the divorce is granted: If you’ve filed for divorce but haven’t yet attended the divorce hearing, you can withdraw your application by submitting a notice of discontinuance to the court. This must be done before the divorce is granted.
  • Withdrawal after the divorce is granted: If the divorce has already been granted, you can’t withdraw the application. The only way to reconcile with your spouse is to remarry.
  • Court process: To withdraw a divorce application in Australia, you’ll need to complete a Form 1D – Notice of Discontinuance and file it with the court. If you’ve already paid the filing fee, you may be able to get a refund.
  • Reconciliation: If you’re considering withdrawing your divorce application because you want to reconcile with your spouse, it’s important to seek legal advice. A family law solicitor can help you navigate the process and provide guidance on any legal issues that may arise.

The cost of filing for divorce in Australia can vary depending on a number of factors. The current fee for filing a divorce application in the Federal Circuit Court of Australia is $935. However, if you’re eligible for a reduced fee, you may only need to pay $310.


Here are some factors that may affect the cost of filing for divorce in Australia:


  • If you’re eligible for a reduced fee, you’ll only need to pay $310. To be eligible, you must meet certain criteria, such as holding a health care card or pensioner concession card.
  • If you choose to hire a family lawyer to represent you in your divorce application, you’ll need to pay legal fees. The cost of legal representation can vary depending on the complexity of your case, the lawyers experience and reputation.
  • If you need to serve divorce papers on your spouse with a process server, you may need to pay additional fees for process serving. This can vary depending on the method of service, the process server company rates and the location of your spouse.
  • If your divorce application goes to a hearing, you may need to pay additional fees for court appearances or expert witnesses.

It’s important to note that the cost of filing for divorce in Australia can change over time. You should check the current fees on the website of the Federal Circuit Court of Australia before filing your application.

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