How to Get a Divorce in South Australia

Navigating how to get a divorce in South Australia is usually the simplest part of a separation compared to property settlement and parenting issues.

Getting a divorce usually involves the following steps:

1. Separation for 12 Months

Australia has a no-fault divorce system and the only ground is an irretrievable breakdown of marriage, evidenced by living separately for at least 12 months

This is the only requirement to must have prior to filing for divorce: your relationship must have been over, and you must have been living separate lives for 12 months prior to the filing of the divorce application.

2. Filing the Divorce Application

After 12 months and one day of separation, you can file a unilateral application for divorce in the Federal Circuit and Family Court of Australia—a unilateral application means that you do not need for your spouse’s consent.  You can also agree to file a joint application.

You will need a copy of your marriage certificate and details of your relationship that are to be filled out on the Court’s online form. You will also need to print out the form and have the filled-out documents signed before a solicitor or Justice of the Peace.

Once the required documents have been provided to the Court, you will also need to pay a filing fee to the Court ($1,125 at the date writing). After you pay the fee and lodge the documents, you will need to serve them on your ex-partner as soon as possible.

3. Divorce Order Takes Effect

Once the court grants the order (usually between 4-8 weeks later), the divorce becomes final one month and one day later. Until then, you remain legally married.

The delay as to when the Order comes into effect is because sometimes people get cold feet and reconcile once their divorce order is made.

4. Property Settlement Time Limits

Filing for divorce triggers the 12‑month deadline for property settlement.

Your application for property settlement (be that a contested property settlement or consent orders) must be lodged within 12 months after the divorce becomes final.

If you miss the deadlines, you’ll need to seek the court’s permission to file out of time.

There are no time limits arising out of a divorce for parenting applications.

Other Considerations/ Complications:

  1. A divorce application is sometimes made more complicated if you file an application after 12 months of separation, but you have lived for some or all that time under the same roof.
  2. If you have children under the age of 18 years, you will need to appear before the Court at a hearing as the Court needs to be satisfied with the arrangements that are in place in relation to your underage children.
  3. If you were born outside of Australia, if you are not a citizen or resident, or if your marriage was outside of Australia and you are concerned whether or not the marriage is legally valid, you may need to provide further information to the Court.

A divorce application is often a process you do not need a lawyer for, especially if your relationship remains amicable, or if you file a joint application.

However, if you need assistance with how to get a divorce in South Australia, our charges for a divorce are usually between $1,000 – $2,000 depending on the presence of the complicating factors above.