10 Common Divorce Questions

1. When can we get a Divorce?

After 12 months of being separated.

2. Who applies for the Divorce?

Either party can apply, or it can be a joint application.

3. Do we have to wait for a Divorce to divide the property?

No. In fact it is strongly recommended to take steps to sort out your property as soon as possible after final separation.

4. Does it cost anything to file for Divorce?

Yes. There is a filing fee for Divorce that must be paid by the person or persons applying for the Divorce. If you use a lawyer then there are lawyer's fees on top of this.

5. When can I get remarried?

One month and one day after you are granted the Divorce by the Court.

6. Will I have to go to Court to get a Divorce?

Not if you have no children. If you do have children then you have to go to Court in person if you are applying for Divorce. If you have no children you can often obtain a Divorce without going to Court in person. It is best to go to Court in person just to check that it goes through smoothly.

7. What if my ex doesn’t want a Divorce but I do?

Your ex-partner does not have to agree to have the Divorce granted. You just have to have the Divorce papers served on them.

8. How do I get the Divorce papers to my ex?

You can use a private process server to serve the documents on your behalf on your ex-partner Otherwise you can have a family member or friend serve them and have them complete an Acknowledgement or Affidavit of Service.

9. Can I get a Divorce if I am still living under the same roof as my ex?

Yes, if the Court is satisfied that you have really separated from the relationship.

10. We were married overseas. Can we get a Divorce in Australia?

If your marriage is recognised in Australia you can apply for Divorce here as long as one of you regards Australia as their home, intends to live in Australia indefinitely, and has lived in Australia for at least 12 months before you apply.