The goal for many people once they have made the decision to separate is to have a simple divorce. While divorce in Australia is a no-fault process, unnecessary delays can still occur if documents are incomplete, deadlines are missed, or communication breaks down. By following these practical tips you can help minimise delays, reduce stress, and ensure your divorce application progresses as smoothly and efficiently as possible.
Our 6 Tips for a Simple Divorce
1. Prepare your documents early.
Collecting all required paperwork at the outset is one of the most effective ways to avoid delays and have a simple divorce. Commonly required documents include your marriage certificate, passport or citizenship certificate, driver’s licence, and copies of any existing court orders. If any documents are not in English, certified translations will be required, however the Court has specific requirements for translations, and we can assist with this. Having everything ready before your application is prepared allows the application to be filed promptly and reduces the risk of last-minute complications.
2. Consider a joint divorce application if the relationship is amicable.
If you and your former partner are amicable, a joint divorce application can be a simpler and quicker option. It removes the need for formal service of documents and can shorten timeframes. However, if you wish to apply for the reduced (concession) court filing fee, both parties on a joint application must hold valid concession cards. If only one party qualifies for a concession, a sole application may be more appropriate.
3. Use personal service if cooperation is unlikely.
Where communication has broken down or there is concern that your former spouse may avoid service or attempt to delay the process, personal service by a professional process server is often the best option. When documents are served in person, your former spouse is not required to sign anything for the divorce to proceed. This can significantly reduce delays caused by unreturned paperwork or lack of cooperation.
4. Sign affidavits promptly and correctly.
During the divorce process, you will be required to sign at least one affidavit, and often several. These affidavits may relate to service, separation under one roof, or other procedural requirements. It is important to sign these documents as soon as possible, as delays can impact hearing dates and court timelines. If you are unsure how or where to sign, or who is authorised to witness your signature, we can provide a clear guide. Incorrectly signed or witnessed affidavits must be redone and can cause unnecessary delays.
5. Keep your contact information up to date.
If any key details change during your divorce, such as your address, phone number, email, or your former partner’s contact details, please notify us immediately. Accurate and current information is essential for effective communication, service of documents, and meeting court deadlines.
6. Understand separation requirements and timing.
In Australia, you must be separated for at least 12 months before applying for divorce. This separation period must be clearly established, even if you and your former spouse remained living under the same roof for part or all that time. Providing clear and consistent information about dates of separation and living arrangements helps to prevent a delay on the outcome of your application.
Need help or ready to get started?
If you would like clear advice, assistance preparing your divorce application, or guidance on the best approach for your circumstances, we are here to help. Call us on 1300 531 137 or visit one of our websites:
Our experienced team can guide you through each step of the process, help avoid common pitfalls, and support you in moving forward with confidence.
