DIVORCE · AUSTRALIA WIDE (EXCL. WA)
Two ways to apply for divorce. Choose the one that fits.
For most people a divorce application is paperwork, not a dispute. If yours is straightforward, you can file it yourself with a guided course written by a former Deputy Registrar who heard divorce applications. If it isn't, we'll prepare and file it for you.
BEFORE YOU CHOOSE
Three things people don't know about divorce
It's paperwork only. A divorce ends the marriage. It doesn't divide property or decide where the children live. Those are separate steps.
1 month and 1 day. The divorce order takes effect one month and one day after the Court grants it. Only then can you remarry.
12 months. Once your divorce takes effect, you have 12 months to start property proceedings without first asking the Court's permission. It's worth getting your property position clear first.
TWO-MINUTE CHECK
Is DIY right for you?
Six questions. You'll get a straight answer, even when the answer is "not yet" or "not on your own".
SIDE BY SIDE
What each path costs
The court filing fee is the same whichever way you go. The difference is who does the work.
WHY BOTH PATHS ARE TRUSTWORTHY
Written by someone who has decided divorce applications from the bench
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Appointed Deputy Registrar of the Federal Circuit and Family Court of Australia in 2021
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Had conduct of a divorce list, hearing applications like yours
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The Divorce Series covers every scenario. You only do the parts that apply to you
A NOTE FROM KAELA
"Most divorce applications don't need a lawyer. They need someone to explain each step clearly. The ones that do need a lawyer should have one."
Disclosure: Sorted Out is owned by Kaela Dore, principal of KD & Co Lawyers. Its resources are general information, not legal advice, and buying the Series doesn't create a lawyer-client relationship with KD & Co Lawyers.
THE JOURNEY
From separation to divorce order
Whichever path you take, the steps are the same. Here's where each one helps.
NEXT STEPS
Considering the broader picture
While divorce is an important step, it is often only one part of the broader process following separation.
If you require advice in relation to parenting arrangements or property settlement, we recommend booking a strategy session to ensure these matters are addressed in a structured and considered way.
COMMON QUESTIONS
Answered plainly
Do I need a lawyer to get divorced?
No. Many people file their own application. A lawyer helps when there are complications, such as an overseas marriage certificate, separating under one roof, or not knowing where your spouse is.
Is the Divorce Series legal advice?
No. It's general legal information and step-by-step guidance. If you need advice about your own situation, book a Strategy Session with KD & Co Lawyers.
My spouse won't sign. Can I still apply?
Yes. You can apply on your own (a sole application). Your spouse then needs to be served with the papers before the hearing. Both paths cover how that works.
Can I start DIY and switch to KD & Co Lawyers later?
Yes. Book a session and bring what you've prepared. We'll review where you're up to and quote a fixed fee before doing any further work.
Does divorce sort out our property and children?
No. Those are separate. Once your divorce takes effect you have 12 months to start property proceedings, so it's worth getting advice on your position early.