If you’re getting divorced, you might be wondering if you can do it yourself without a lawyer. The answer is yes—you don’t actually need a lawyer to apply for a divorce. Many people handle their own divorce applications, and while lawyers are always available to help, the process is reasonably simple if you meet the legal requirements.
This guide walks you through how to complete your own divorce application step by step.
Step-by-Step Guide to Applying for Divorce on Your Own
1. Check If You Meet the Criteria for Divorce
Before applying for divorce, you need to meet the following legal requirements:
- You were legally married (you’ll need a copy of your marriage certificate).
- You have been separated for more than 12 months.
- Either both of you or one of you can make an application to the Federal Circuit and Family Court of Australia.
2. Decide on a Joint or Sole Application
- Joint Application: If both of you agree to get divorced and are happy to sign the paperwork, this is the simplest way to apply. It avoids extra steps and tells the court you’re both in agreement.
- Sole Application: If your ex won’t sign a joint application, you can still apply on your own, but there are a couple of extra steps in the process.
3. Complete the Application for Divorce
- Visit the Federal Circuit and Family Court of Australia website.
- Download the application for divorce form and follow the instructions online.
- Gather necessary documents, including a copy of your marriage certificate.
- Once you’ve completed the application, upload the signed documents and pay the filing fee.
4. Pay the Filing Fee
- The filing fee is currently over $1,000 and increases annually.
- If you have a healthcare or concession card, you may be eligible for a reduced fee.
5. Serve the Divorce Application (If Making a Sole Application)
If you are making a sole application, you need to serve the divorce papers on your spouse. The court has specific rules about how this must be done.
- The best way to serve your ex is through a professional process server.
- A process server is someone who delivers legal documents and ensures everything is done correctly.
- You can have a friend or family member serve the documents, but this is not recommended, as mistakes can cause delays.
- After service, whoever served the documents must prepare, sign, and swear an affidavit confirming that your spouse received them. This affidavit must then be uploaded to the court.
If the documents are not served correctly, it can delay your divorce.
6. Attend Court (If Required)
- If you don’t have children under 18, you usually don’t need to attend court.
- If you do have children under 18, the court will usually require you to appear in court.
- The court wants to confirm that the children are okay—this includes their health, schooling, and general welfare.
- You can apply for no court appearance, but it’s up to the court whether this is granted.
7. Wait for Your Divorce to Become Final
- If your application is approved, the court grants the divorce.
- However, the divorce does not become legally effective until one month after the grant date.
- This means you’re in limbo for one month before you’re officially divorced.
Can You Do It Yourself or Should You Get Help?
If you are comfortable using the internet, filling out forms, and following the process carefully, you can do your own divorce and save on legal fees.
However, if you run into issues—such as trouble serving your ex, needing legal advice, or making mistakes on forms—you can always seek legal assistance to avoid delays and complications.
Need Help With Your Divorce? Contact Fennelly Legal
If you’re not sure about any part of the process, we’re here to help. Even if you start the application yourself, you can always reach out if you hit a roadblock.
📞 Would you like help or advice on your divorce application, we’re happy to chat for 15 min for free to see if we can help you.
🌐 Click here to book your 15 min chat or call the office to find a suitable time.