How to Get a Divorce in Australia

In short, yes you can. Documents are available publicly and for free. However, if you are considering doing this process yourself, there are a number of risks and common errors to be aware of.

Below are some examples of how a DIY can go wrong and what we see can arise for people who do not seek advice from a family lawyer before making their application:

  • The Court dismisses the application;
  • A Court orders a re-submission of paperwork;
  • Re-negotiation of any previously finalised financial or parenting agreements; or
  • Divorce hearing put off or delayed

While these are some of the issues, the biggest issue is that it creates additional stress for you and also ends up costing more than if you had sought legal advice to help you with this process. It also adds additional time delays to a process that most people want to have wrapped up in a more timely manner.

A family lawyer’s involvement doesn’t mean that they have to do it all for you. Our lawyers help many people get the DIY process right so you don’t end up delaying the process as a result of:

  • Incomplete or incorrect paperwork;
  • Not supplying correct or sufficient documentation as evidence of dates and claims;
  • Incorrect details or not recording change in details, such as purchasing or selling of property post-separation

You are right to feel concerned about these risks and we empathise about the challenges faced by people wishing to navigate these processes themselves. Because the consequences can be serious, we always suggest getting legal advice early on in the process.

You should be aware that after the divorce takes effect, time limits apply to commencing proceedings for property and/or financial settlement. You have only 12 months to finalise your property settlement from the date your Divorce Order has been granted by the Court.

Importantly, legal advice is not a commitment to having a lawyer represent you in Court or even a commitment to having to go to Court. Rather it is a way for you to gather information on how to get a divorce in Australia and about a system and processes that are unfamiliar and can be complex.