How to Get a Quick Divorce in Australia
Getting a divorce in Australia takes time, but there are ways to make the process as smooth and quick as possible.
Meeting all legal requirements, completing paperwork correctly, and following court rules can help speed things up.
Understanding the Divorce Process in Australia
Divorces in Australia are governed by the Family Law Act 1975 and handled by the Federal Circuit and Family Court of Australia (FCFCOA)
Here are the basics:
- You or your spouse (or both together) can apply for divorce after being separated for at least 12 months.
- The application can be made online, and most hearings are conducted without needing you to attend in person unless children are involved.
Key Tip: The 12-month separation is mandatory, but applying online can save time.
Tips for a Faster Divorce
Australia operates a no-fault divorce system, meaning the only reason needed is that the marriage has broken down permanently. To avoid delays:
- Both partners should agree on the divorce and separation details.
- Ensure there are no disputes over child custody or property.
- File all required documents (e.g., proof of separation, marriage certificate) correctly.
Key Tip: Less conflict and proper documentation can speed up the process
How to Apply for Divorce
The quickest way to apply is online through the Federal Circuit and Family Court of Australia’s portal.
Here’s what you’ll need:
- Complete the online form.
- Upload required documents.
- Pay the filing fee (fee reductions are available for financial hardship).
If everything is in order and uncontested, the court grants the divorce after a short waiting period, usually without requiring you to attend a hearing.
Key Tip: Filing online with complete documents helps avoid delays.
Serving Divorce Papers
If you’re applying for a sole application, you must serve divorce papers to your spouse. This can be done:
- In Person
- By Post
- Through a professional server
If your spouse can’t be found, you can request the court’s permission for alternate methods, which could take extra time.
Key Tip: Serving papers quickly and correctly is essential to avoid delays.
When Court Attendance is Required
Most divorces don’t require you to attend court unless there are children under 18. In those cases, the court ensures proper arrangements are in place for the children.
For joint or uncontested applications, the court process is straightforward and quick.
Key Tip: No court attendance usually means a faster process.
How Long Does a Quick Divorce Take?
A typical divorce takes about four months from filing to finalisation.
The court grants the divorce one month and one day after the order is made.
Properly completing paperwork and having mutual agreement can help finish the process sooner.
Key Tip: Though there’s a waiting period, careful preparation can speed up the process.
Summary
To get a quick divorce in Australia:
- Meet all legal requirements, like the 12-month separation.
- File your application online.
- Avoid disputes and complete documents correctly.
By staying organised and efficient, you can avoid unnecessary delays and finalise your divorce as quickly as possible.
