A comprehensive guide to obtaining a Divorce under the Family Law Act 1975.


Under the Family Law Act 1975, obtaining a divorce in Australia requires a step-by-step approach.

Daniel Rod, as an accredited specialist family lawyer, is here to help you navigate through this difficult time. With expertise and compassion, Daniel will work tirelessly to ensure the best possible outcome for you and your family.

Step 1: Satisfying the Eligibility Criteria

Either you or your spouse must be an Australian citizen or a resident for at least 12 months prior to filing for divorce. You and your spouse must have been separated for at least 12 months and one day. There must be no reasonable likelihood of resuming married life.

Step 2: Preparing the Divorce Application

Complete a Divorce Application form, which can be found on the Federal Circuit and Family Court of Australia website. This form should be completed electronically and then printed for filing. Daniel Rod can help ensure your application is accurate and complete.

Step 3: Filing the Application

File your application at a Family Law Registry, along with the filing fee. If you're facing financial hardship, you may be eligible for a reduced fee. Your application will need to be served to your spouse, either by a third party or electronically, depending on the circumstances. A copy of the Marriage Certificate and any other supporting documents must also be included.

Step 4: Attending the Hearing

After your application has been filed and served, you will be given a hearing date. If you have no children under the age of 18, you may not be required to attend the hearing. However, if there are minor children involved, both you and your spouse must attend. Daniel Rod can provide legal representation and support during this process.

Step 5: Finalizing the Divorce

If the court is satisfied that all requirements have been met, they will grant a Divorce Order. This order becomes final one month and one day after it is granted, at which point your divorce will be complete.