Every divorce matter will need the right Australian divorce papers to support it. Everyone wants a quick divorce matter since it is time-consuming and stressful for the most part. However, it’s important to stay patient and follow the divorce process properly.
With every family law matter, comes documents that you should know of. Luckily for you, we have an extensive list of documents that cater to your specific divorce case. Need help proving separation under one roof? We got you. Need to prove your marriage with a marriage certificate? We also have it here!
All of these and more are available in this article.
Before You Download Your Papers…
You should know how you’ll apply for a divorce. Do you already have an account at the Commonwealth Courts Portal? Not yet? Then you should register for an account to download the necessary Australian divorce papers. Here are some notes to remember before you proceed with your divorce:
- The party who applies for an application is the applicant, while the party who receives the application is the respondent. You must serve your spouse with the divorce application if you filed a sole application.
- Court attendance is required if there are children under the age of 18 years.
- You and your spouse must have been separated for at least 12 months to apply for divorce.
- Make sure to get copies of your Australian divorce papers.
Australian Divorce Papers Checklist
Now, off to the checklist for Australian divorce papers! According to Legal Aid NSW, you will need to provide documents to file for a divorce. Let’s look at each one of them:
1. Affidavit for eFiling (Divorce)
Download link: Affidavit for eFiling application for divorce
In this form, you will find two options to apply for a divorce — a sole application or a joint application.
If you want to apply alone, you can choose the sole application form. On the other hand, you can apply for a joint application form if you and your ex-spouse agree on the divorce. People who usually opt for a sole application don’t want their ex-partner to know about the divorce immediately.
Remember to sign the affidavit in the presence of an authorised witness such as the Justice of the Peace or a family lawyer. A Justice of Peace is a volunteer under the Governor of New South Wales.
2. Marriage Certificate
This is on of the main Australian divorce papers that prove the validity and legality of a marriage. Any couple who wants to go through a divorce will need to present this to the family court. If you don’t have a copy of your marriage certificate, you can:
- Contact the Registry of Births, Deaths and Marriages at 137 788; or
- Visit www.bdm.nsw.gov.au
Now, what if your marriage was held in another country? Australia will only accept overseas marriage certificates in legally recognised countries. Make sure you have your certificate translated if it’s not in English.
3. Australian Citizenship Certificate or Passport
An Australian citizenship certificate or passport proves your residency status in Australia. This is one of the most important Australian divorce papers for applicants who are not born in Australia. You can apply for an Australian citizenship certificate when you register for an ImmiAccount. After waiting for the processing time, you can receive your certificate.
4. Additional Documents Based on Circumstances
Depending on the specific circumstances, additional documents may be required such as:
- Translated copy of the documents if the contents are not in English
- An affidavit of the translation (e.g. Translation of the Marriage Certificate, you must have an affidavit explaining this)
- Counselling certificate
- Health care card
- Pensioner concession card
- Centrelink statement of income
Aside from the documents above, you should also prepare affidavits relating to:
- Separation under one roof. Yes, you read that right. Some people may think that to stay with your ex means you haven’t broken up yet. However, you can prove these speculations otherwise. If this is the case, you must still file affidavits to corroborate the separation. You can download form SS293 for this and read more about this instance in our article here.
- Marriage less than 2 years and no counselling certificate. Download this form here.
- Change of name for an adult (to a surname other than your maiden or married name)
Other Supporting Australian Divorce Papers
Preparing other supporting divorce documents will save you time later on. You must also have them certified before submitting them because you don’t have to submit the original copies to the family court. You must attach the following Australian divorce papers in your application, if any:
- A family violence order if your partner is abusive towards you and/or on your children
- Parenting plans in place. These are less formal plans that state how parents can take care of their children after divorce.
- Child protection orders if the applicant thinks that their child ne
- Binding financial agreements. Do you have any financial agreements in place before the divorce?
- Property orders to state how you and your ex-spouse will divide your property, income, financial resources, and debts
- Child maintenance and child support
A Step-By-Step Guide To Filing Australian Divorce Papers
We can’t just give you a preview of what documents you need to present. So we’ll make it easy for you and teach you how to file these documents. To give you an overview of what you’re going to go through when you initiate a divorce application, here are some general steps for the filing process of Australian divorce papers:
1. Preparation for the Filing Process
Gather the required documents mentioned in the Australian divorce papers checklist section. All Applications for Divorce should be filed online through the Commonwealth Courts Portal. Prepare a printer and scanner with you when you start the online application process.
You can apply for a divorce by yourself (a sole application) or together with the other party to the marriage (a joint application). The first thing you must do is register for a Commonwealth Courts Portal online account. Create an account and enter your personal details and login credentials.
To apply for a Divorce Order, follow these steps:
- Firstly, click ‘Start a new file’ and click ‘Confirm’
- Secondly, tick the box ‘Application for Divorce’ and click ‘Continue’
- Thirdly, tick the box ‘Federal Circuit and Family Court of Australia’ and click ‘Continue’ once more.
- Then you may enter a title and description for your application, for example, ‘Application for Divorce’, click ‘Create’ and then ‘OK’.
2. Print Your Documents
After filling in the required details, scan and upload your Australian divorce papers. After this, you can now create a draft copy of your application by selecting ‘Print preview’. Double-check everything to make sure the information you put in is correct and that you have uploaded all relevant supporting documents.
After you have reviewed your application, you can then select ‘Lock and continue’. You have to be very careful in this part of the application because you will not be able to make any changes to your application after you lock it.
After completing all of these, you must print the Affidavit for eFiling Application to be signed by an authorised witness (Justice of the Peace or lawyer). Don’t sign your Affidavit until you are ready to have it witnessed.
3. We’re Almost Done With the Australian Divorce Papers Filing Process!
Hang tight, dear reader. We just need to complete a few more steps in this article about Australian divorce papers. Let’s look at these final steps:
- Pay the application fee – There is a fee associated with filing for divorce in Australia. You can pay this fee online when submitting your application.
- Schedule a hearing date – Select the date and time for the hearing. The calendar will show the available schedule for you to choose from.
- Serve the divorce application – If you are making a sole application, you must provide an Australian address for service for court correspondence and document delivery. If you are living overseas, you must provide an Australian address for service, and both spouses must file affidavits verifying that they are aware of the application.
After applying, you will need to wait for the court to grant the divorce application. The court will notify you when the divorce has been granted, and you can download a copy of the divorce order from the Commonwealth Courts Portal.
Factors Affecting a Divorce Case
The duration of a divorce case in Australia can be influenced by several factors such as the complexity of the case, disputes and cooperation, availability of the court, service of Australian divorce papers, property settlement, parenting arrangements, and other legal concerns.
Divorce cases involving child custody disputes, division of complex assets, or other complex issues can take longer to resolve. Moreover, if there are disputes between the parties or a lack of cooperation, the divorce and property settlement process may be delayed over the expected time frame.
There may also be delays in scheduling a divorce hearing or obtaining court orders can prolong the process. The number of divorce cases handled by the court, the availability of judges, and administrative backlogs can all contribute to these delays.
By understanding these factors, parties can manage their expectations and prepare for the potential challenges that may arise during the divorce process in Australia.
What if I’m the Respondent?
Once the divorce is granted, it will be finalized one month and one day later, unless the court has made a special order to shorten the time frame. This timeframe is influenced by individual circumstances, cooperation between parties, and the court’s caseload. The divorce becomes final one month and one day after the divorce order is made.
If you receive an application for divorce from your partner, you should seek legal advice immediately. More often than not, your partner may have already sought legal advice from their family lawyer. Hence, it’s important to prepare yourself, whether there’ll be divorce proceedings in court or not.
We Can Help Fix Your Australian Divorce Papers for You
Legal documents, like Australian divorce papers, require precision and adherence to specific legal requirements. Our family lawyers at JB Solicitors can make sure that your paperwork is accurate, complete, and filed correctly to avoid delays or complications. We can:
- Help you decide if you need to file either a sole or joint application for divorce
- Recommend if you or your partner need to attend counselling to ensure proper arrangements in your relationship or divorce.
- Help you with overseas marriage matters especially if you need your marriage certificate translated.
- Represent you in court proceedings if necessary
- Offer mediation as a cheaper alternative to resolve legal disputes about family law matters.
Contact us today for an easy and smooth divorce procedure.
