Law Blog

Online Divorce in Australia

The ability to file for divorce online in Australia shouldn't be seen as a magical shortcut to obtaining a divorce decree, but rather just an electronic alternative to filling in paper forms and taking them to a Federal Magistrates Court registry.

The chief criticism of the online divorce facility offered by the Federal Magistrates Court is usually that it cheapens the institution of marriage somehow by allowing marriages to be terminated 'with the click of a mouse' - this criticism is as misguided as it is technophobic.

The exact same legislation and legal principles must still be followed in order to obtain a divorce in Australia whether said divorce is applied for in paper or online, so from a legal perspective there is nothing different going on online as opposed to offline.

In fact initiating divorce proceedings online is preferable to 'offline' divorce applications due to the following points (amongst others):

• If you apply for a divorce online you will not have to post your application in to the Federal Magistrates Court's registry, saving on postage and processing time
  
• If you apply for a divorce online you will avoid having to travel to a Federal Magistrates Court registry where you could expect to spend sometimes upwards of an hour in the queue and then more time waiting for your application to be processed
• Your application form will be filled in neatly and, due to the logic of the online application form, chances are you won't miss compulsory questions and face lengthy delays amending your application form (the paper form won't pull you up and remind you to complete a particular question)

Of course, just as is the case with printing off an Application for Divorce form, filling it out yourself and firing it off to the court solo, we recommend that you consult a solicitor before you apply for a divorce online.

Things aren't always as straight forward as they may seem and when it comes to families and relationships - it's much better to do things right the first time.

This website contains general information only. This site does not contain any legal advice. If you require legal advice, contact an Australian Legal Practitioner.