While the period of separation after a failed marriage is often a stressful and emotional time; the actual process of obtaining a divorce is very simple. Unlike other jurisdictions, Australia has no fault-divorce, this means that either spouse can apply for a divorce provided that the following grounds are met:

The Application can be made online through the Commonwealth Courts Portal or at the Federal Circuit Court Registry.

If you and your spouse make a Joint Application, neither of you need to attend the Hearing.

In the case of a sole application, the Applicant must attend the Divorce Hearing if there are children under the age of 18 or if a Response is filed by the other spouse challenging the facts outlined in the Application; otherwise Court attendance is not required by either spouse.

Streeterlaw is happy to provide you with expert advice where your situation is more complicated or you require assistance in completing the Application and/or representation in Court.