A Guide to Divorce in Australia: Process, Eligibility, and Legal Assistance | Good Way Education and Visa Services

Divorce is the process of terminating of the legal duties and responsibilities of marriage. It breaks the matrimony relationship between married couple under the law of the country. In most countries, divorce has to be approved by a governing body, generally court. Divorce not only refers to dissolution of marriage but also includes distribution of property, custody of child, alimony and others. 

The Family Law Act of 1975 established the principle of no-fault divorce in Australian Law. This means the Court does not examine reason for the end of marriage. It just considers the fact that the married couple have split forever. Divorce granted by the Court does not include distribution of property, custody of child, alimony and others.
Who Are Eligible For Divorce Application?
Married couple who have lived separately in Australia for 12 months along with below mentioned conditions can apply for divorce in Australia.
  • Be an Australian citizen
  • Live in Australia and regard Australia as your permanent home 

How to Apply?
You can apply for a divorce without using a lawyer. You can file an online Application for Divorce along with the required fee, via Family Law Court website. In case you need help to complete your application or check on your eligibility, we recommend you to seek legal advice. Goodway Education and Visa Services have worked closely with divorce expert lawyers who shall counsel in how the law applies in your case. 

Divorce Procedure
Divorce can be filed on your own (sole application) or together with your partner (joint application). Attendance in hearing can vary as per circumstances. 



 Children under 18

Not required

Joint application with children under 18

Not required

Sole application with children under 18


In case you or your partner is unable to attend the hearing, request can be made to the Court to appear by telephone. In order to settle your children and property case, a separate application need to be filed before the court. 
Are You Married For Less Than Two Years? 
Any married couple who are in matrimony relationship for less than two years need to see couple counselor before filing for divorce. Even after counseling, if either of the partners wants to file for divorce, it is mandatory that counseling certificate is duly attached. 
How can we help?

Good Way Education and Visa Services provide excellent service to its clients through its partner law firms with years of experience, and divorce attorney in Australia. We commit to provide an outstanding professional service to the clients in such stressful period, and formulate best course of action for clients’ best interest.