Home 9 About Australia 9 How to File for a divorce certificate in Australia: All the Information You Need
6 min read

Oct 13, 2022 | About Australia

You can comprehend how to obtain a divorce certificate in Australia because we have cut through the legalese. Marriages can be ended legally by divorce. It could be a trying time for you emotionally. By looking at some fundamental facts, you can counter the divorce process if you’re thinking about it. Currently, and general terms, it takes a couple of months to settle a divorce. 

This period begins when you submit your initial application to the court and ends when the court issues a Divorce Order in Australia.

Even while staying married could impact your legal obligations, you are not required to get a decree of divorce if you don’t want to get remarried. If you’re unclear of your next steps, it is vital to seek legal guidance. Marriages can be ended formally and legally through a divorce. It is distinct from the division of property and parenting responsibilities following a divorce. 

Relationship breakups can be challenging. Splitting your life and possessions from your spouse has an actual monetary cost in addition to the personal price per the family court of Australia divorce records. But how much does a separation cost in Australia specifically? In this post, we’ll provide you with all the details on the divorce order process, including the fees, duration, and paperwork requirements.

Apart from that, you can also get all the details on how to apply for Australian Citizenship so that you don’t have to face any issues while applying for citizenship in Australia.

How long must a couple have been apart in Australia before filing for a divorce certificate?

While you can make final decisions about how your assets will be split and how your children will be raised at any time after your separation, you must have been apart for 12 months and 1 day before filing for divorce. A marriage must be irretrievably broken down in Australia before filing for divorce.  Even if you were married abroad and the requirements for getting a divorce in Australia appear to be straightforward, a few elements could make the process more difficult. If you are looking for your Birth Certificate Translation, you are in the right place, as we will provide all types of translation services by qualified translators.

What is the cost of a divorce in Australia?

What is the cost of a divorce in Australia?

The cost remains the same whether you apply alone or jointly with your spouse for a divorce certificate wa. However, if you use it together, you and your spouse may decide to split the cost. In 2022, the divorce filing fee is $990.00, while poor income qualifies you for a price discount. 

If you are making a solitary application, you must prove your low income to the court. When filing a joint application, both parties are required to verify their low income. The quickest approach to prove financial difficulty is to hand up a copy of your concession card. In 2022, the decreased price is $330.

How long does it take to obtain a divorce in Australia?

Unless the court issues an order to shorten the period due to unusual circumstances, the separation will be formalized one month and one day after the court grants the divorce at your preliminary hearing. Partners must be apart for at least 12 months and 1 day to file for divorce. The 12-month separation term resets if a reconciliation period lasts three months or more. The day after your certificate of divorce is issued, you can access the divorce certificate NSW on the Commonwealth Courts Portal. In order to help you get your divorce certificate easily in Australia, we have created an informational video which you can view after you click here.
Primary conditions you must meet before requesting a divorce in Australia
  • Your connection with Australia

If you were born in Australia or have been granted Australian citizenship, you can meet this condition. Suppose you can prove that you have been living legally in Australia for at least the previous 12 months and consider Australia your permanent home even though you do not meet this condition. In that case, you may still be able to file for divorce.

Likewise the population of south Australia includes couple with divorce. You must know more rules about it from expert lawyers.

  • The relationship is over

If your union has just lasted a few months, you must present a certificate from a family therapist attesting to your attempts at reconciliation. According to at least one spouse, there is no reasonable chance of reconciliation. If you decide not to go to counselling, you must ask the court for authorization. An application may be excluded from this requirement in unusual circumstances, such as when there are allegations of domestic abuse.

  • At least one year of separation

Your separation from your marriage must have lasted at least one year and one day.

  • Present a marriage certificate

It is crucial that the names you list on your divorce paperwork match precisely those on your marriage certificate. If the language of your marriage certificate is not English, you must have a translation made into English by NAATI-accredited and recognized practitioners through any translation services australia

If you got married somewhere other than Australia, you’d need to contact the local government to get a copy of your marriage license. If you lack a marriage certificate, you may make an affidavit informing the court of your inability to furnish the document to get a copy of divorce certificate qld. For Marriage Certificate Translation you can connect with us for translation services at affordable rates.

The steps involved in requesting a divorce in Australia

The steps involved in requesting a divorce in Australia
  • Submitting the divorce application form for a divorce certificate

You have two options for filing for divorce: either on your own or with a lawyer. You must first register on the Commonwealth Courts Portal to submit your application. You can file a divorce petition jointly with your spouse, which is known as a joint petition, or separately, which is known as a single petition to get the proof of divorce.

  • Apostilling or signing the divorce petition

Before selecting a witness for your signing, you should examine the laws of your state or region. The Application for Divorce form requires your swearing or affirmation once you’ve finished it in front of a lawyer or another individual who is permitted to verify your signature on files for divorce in your state or province.

  • Delivering the divorce petition

It must be personally served; you cannot simply post this paper to the other party. Additionally, you must complete the application on the opposing party unless you file jointly.

Why you should have your divorce certificate translated by Australian Translation Services

You must locate a dependable, knowledgeable, and NAATI-certified translator to translate your divorce certificate qld. You could lose a lot of money with one mistake. If you intend to travel to Australia, you must first get your divorce decree translated if it is not in English. All of these problems won’t exist if you use Australian Translation Services. Our translators can finish your translation project quickly, accurately, and affordably. Test out our translation services for divorce certificate Australia that are NAATI certified translation right away.

Frequently Asked Questions

How do I get a divorce certificate in Australia?

Ans – If you were a party to the proceedings and the divorce was finalized, you can acquire legal proof of divorce from the Commonwealth Courts Portal at no cost. The only divorce proof made available by the courts is a digital order with an electronic seal and signature.

Where do you get a copy of the divorce certificate in NSW?

Ans – The Commonwealth Courts Portal allows you to download and print a copy of the divorce order once your divorce has been granted and is complete. The Divorce Order can be published at no cost. When the divorce order has been submitted to the portal, you can ask to be alerted.

How to get a copy of the divorce certificate in Western Australia

Ans – Send the court a written request. You can utilize the Request for Court Documents Form provided below at your convenience. You might need the divorce certificate to be certified or apostilled if you plan to register it with a foreign government body.

Where can I find a copy of My divorce certificate in South Australia?

Ans – The following working day after the divorce decree becomes final. You can download it from the Commonwealth Courts Portal.

Emily Chen

Our Categories

Request A Free Quote


Top Posts