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This topic covers
- De facto relationships
- Marriage
- Separation
- Divorce
- De facto relationships
| Time limit | Action |
|---|---|
| One month | You must give notice to the NSW Registry of Births, Deaths & Marriages before getting married. |
| At least 12 months | The amount of time you must be separated before you can apply for a divorce. |
| Less than two years | You must attend counselling before you can apply for a divorce, if you have been married for this amount of time. |
| At least 28 days before the hearing | You must serve your Application for Divorce on your ex-partner, if your ex-partner is in Australia. |
| At least 42 days before the hearing | You must serve your Application for Divorce on your ex-partner, if your ex-partner is overseas. |
| Within 28 days of being served | You must serve your ex-partner with your Response to Divorce, if your ex-partner is in Australia. |
| Within 42 days of being served | You must serve them with your Response to Divorce, if you ex-partner is overseas |
| 28 days | To apply to the Court to rescind (cancel) a Divorce Order, if you and your ex-partner get back together. |
| 28 days | To appeal a Divorce Order. You must do this before the Order comes into effect. Once the Divorce Order has taken effect, you can’t file an appeal. |
Organisations
| Organisation | Responsibilities |
|---|---|
| Federal Circuit and Family Court of Australia | Hears Applications for Divorce (previously called a decree nisi). |
| NSWÂ Registry of Births, Deaths &Â Marriages | The responsible authority for registering marriages in NSW. |
Legislation
| Authority | Covers |
|---|---|
| Family Law Act 1975Â (Cth) | Deals with divorce in Australia. |
| Marriage Act 1961Â (Cth) | Deals with marriages in Australia and the recognition of foreign marriages. |
| Common term | Definition |
|---|---|
| Apprehended Domestic Violence Order (ADVO) | A court order that protects someone from violence committed by another person who they ​are, or were, in a domestic relationship with. For example, husband and wife, mother and son, grandfather and granddaughter, de facto partners, people who live in the same household. |
| ​De facto relationship | ​A domestic relationship between two adults who live together as a couple on a genuine domestic basis and who are not married or related to each other. |
| Divorce | The legal end of a marriage other than by the death of one of the parties. |
| Marriage | The union of two people to the exclusion of all others, voluntarily entered into for life. |
| Decree of Nullity | A court order that declares a marriage void - there is no legal marriage between the parties - even though a marriage ceremony may have taken place. The order is made in limited circumstances, for example, where there was fraud, mistake, duress or incapacity. This is sometimes known as an annulment. |
| Organisation | Fee |
|---|---|
| NSW Registry of Births, Deaths & Marriages | You have to pay a fee to apply for a Marriage Certificate. For more information, see Applying for an official marriage certificate on the NSW Government website. |
| Federal Circuit and Family Court of Australia | You have to pay a fee to apply for a divorce. For more information, see Family law fees on the Federal Circuit and Family Court of Australia website. In some cases, you may be able to apply for the fee to be reduced, waived or postponed. For more information, see Guidelines for reduced fee - divorce and decree of nullity application on the Federal Circuit and Family Court of Australia website. |
| Organisation | Form |
|---|---|
| Federal Circuit and Family Court of Australia |
The Federal Circuit and Family Court of Australia no longer posts hard copies of orders by mail. All court orders will be signed and sealed electronically and available to download from the Commonwealth Courts Portal. |
| NSW Government | Application for a Marriage Certificate (Online form) Marriage certificate application (Paper form) |
| Service NSW | Notice of Intended Marriage application |
| My problem is about | Forms - Divorce |
| Organisation | Type | Costs |
|---|---|---|
| Federal Circuit and Family Court of Australia | Legal costs | You have to pay your own legal costs if you get a lawyer to represent you in a divorce hearing. |
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Last updated: May 2024