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You can apply for a divorce after you have been separated for 12 months. You can either apply together with your ex-spouse (joint application) or on your own (sole application) at the Federal Magistrates Court of Australia or the Family Court of Australia. You can apply for a divorce without a lawyer and you can download the relevant divorce application materials here.

If you choose to apply on your own you must ‘serve’ your ex-spouse with the application. There are very special and stringent rules about serving. You cannot serve your ex-spouse personally but you can do so by mail. To ensure your ex-spouse has been served, there are additional forms that must be filled out to prove that he or she has been served. These forms are available to you from the court when you file your application.

Author McNamara & Associates

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