Divorce Info

Divorce in Australia is a relatively straight-forward process but it is important that correct procedures are followed and the relevant time-frames are complied with.

The Federal Circuit Court and the Family Court of Australia websites both contain significant amounts of information, fact sheets and DIY kits freely available for all areas of family law, and although these are the most authoritative sources of information, you do need to read all the options for all of the steps to work out which one applies to you. This can be a very daunting prospect, but we encourage you to visit the official Court sites and explore the materials on offer.

Family Law Tool Kits – Divorce makes navigating the process much easier by asking you to answer a series of simple questions at the start.

This dramatically narrows down the information, forms and other materials that are relevant to your circumstances.

We then provide you with a complete plan containing only those resources you need, presented in a series of clear steps with instructions and the dates by which you need to have things done by.

The path we lay out for you to follow includes links to more detailed resources, legislation, worked samples and informative guides to help you. Importantly, we also help to identify particular issues which fall outside the scope of our Tool Kits, where you really do need to seek legal advice.

WHO IS THIS TOOL KIT FOR?

Suitable For
  • Most married couples – with children
  • Most married couples – without children
  • Short marriages
  • Same sex marriages – with children
  • Same sex marriages – without children
  • Applicants – wanting to apply for Divorce
  • Respondents – already been served with Divorce papers
Not Suitable
  • Couples married in Australia BUT who are not residents or citizens of Australia.
  • Couples who have not yet been separated for 12 months.
  • Residents of Western Australia.
  • De facto couples.
  • Divorce Tool Kit does not finalise property settlement, spousal maintenance or parenting arrangements.

You get all this information and procedural guidance for three months for just $100 + GST.

That’s only the cost of about 20 minutes with a lawyer!

With a three month subscription to Family Law Tool Kits – DIVORCE you can come and go as you need to as things progress or change.

Understand the process and take control of your divorce!

Here's an explanation of what you'll find in the Divorce Tool Kit and how it works.

You should start with the OVERVIEW page to get an understanding of the basic facts of divorce in Australia. This is an important step and will help you work through the Tool Kit.

Once you’ve done this, you’ll be ready to start with the main section of the site – START.

In this main part of the site you will be led through a series of simple questions,  each one clearly explained and with links to more information if you need more detail.

You just answer by clicking the YES / NO buttons.

Once you have answered the questions, you will be presented with a tailored path to complete your divorce process, including the Court forms you need, time-frames to get things done by, and full instructions to help you. We also make some worked examples available to you so you can see how to complete each step.

The rest of the site contains other resources and links to more information and services.

specific excerpts of legislation so you can read for yourself what the law actually says.

All the Court Fact Sheets and Brochures relevant to divorce.

All the Court Forms relevant to divorce.


Worked examples of Court forms and other instructions to help you get it right.
NOTE
  • Same Sex Divorces: Since 9 December 2017, same-sex couples can also obtain an Australian divorce if they meet the requirements of the Family Law Act in s39(3).
  • Eligibility: Divorce proceedings may only be commenced in Australia if at the time of filing, either spouse has:
    • Australian citizenship by birth, descent or grant of Citizenship;
    • Australian domicile (lawfully living in Australia and intend to remain here); or,
    • been ordinarily resident in Australia for the past year.
    NOTE: It is not enough to have only been married in Australia but have no other connection.