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August 13, 2025 17 mins

In this episode, we introduce Do Your Own Divorce - a free, step-by-step online resource to help people in Australia apply for divorce through the Federal Circuit and Family Court. Designed to simplify the process, this tool is a valuable asset for community workers supporting clients through a divorce. We break down how it works, who it’s best for and how you can use it to provide clear, practical guidance—without the need for a lawyer. Useful resources mentioned in this podcast:

 

Episode transcript: bit.ly/418RB2K

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Please send questions, comments and feedback to cle@legalaid.nsw.gov.au 

Disclaimer: This podcast is general information only and cannot be relied on as legal advice. The information is accurate at the time of posting but may have changed. If you need assistance about a particular situation, contact our team at LawAccess NSW via webchat at legalaid.nsw.gov.au or call 1300 888 529. 

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Transcript

Episode Transcript

Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Yasmine (00:02):
Did you know that you don't need a lawyer to file a
divorce in Australia? In thisepisode, I'll be having a
conversation with Jenny from theCommunity Legal Education team
at Legal Aid NSW all about ournew free resource - Do Your Own
Divorce. This recording istaking place on the lands of the
Gadigal people, and we pay ourrespects to Elders past and

(00:23):
present. As we share in learningtoday, may we recognise
Aboriginal and Torres StraitIslander people as the first
educators, storytellers andcreators on the lands we're all
listening from today.
Welcome to Law for CommunityWorkers. My name is Yasmine, and
I'm joined by solicitor Jenny.We are both in the Community
Legal Education team at LegalAid NSW, and worked on bringing

(00:46):
do your own divorce to life.
So Jenny, I'm really excited totalk about Do Your Own Divorce.
But firstly, could you explainto our listeners what do your
own divorce actually is?

Jenny (01:01):
Thanks, Yasmine. So Do Your Own Divorce is a webpage,
and it has all the informationthat people need to complete
their divorce applicationonline. So we refer to it as a
guide, because that's what itis. It's a step by step
interactive guide, and itfeatures videos, checklists and

(01:24):
also resources to help peoplefill out their online divorce
form.

Yasmine (01:28):
Right, so when you say the online divorce form, we're
talking about the Court's onlineform, is that right?

Jenny (01:36):
Yes. So to do a divorce in Australia, you have to
complete an online form throughthe Federal Circuit and Family
Court of Australia. That's a bitof a mouthful, but that's the
Court's name. So you might alsohear it referred to as FCFCOA.

(01:57):
So there's a lot of parts tothat divorce form, and there's
different things to do dependingon people's individual
situations. For example, somepeople might need to translate a
marriage certificate, or otherpeople might need extra
documents if they're livingtogether in the same house while

(02:17):
they were separated. So it'sreally important that people
understand what documents theyneed to prepare and also what
the court needs to know. Andthat's where Do Your Own Divorce
comes in.

Yasmine (02:30):
Okay - so you have the Court's website where you
actually fill out your divorceform. Then you have the Do Your
Own Divorce website that showsyou how to actually complete the
form and answer any questionsyou have about the divorce form,
and the process. Is that right?

Jenny (02:45):
Yeah, that's right. And look, it sounds complicated, but
it's it's not as complicated asas it sounds. So the divorce
application is done throughwhat's called the Commonwealth
Courts Portal, and you get tothat via the Federal Circuit and
Family Court of Australiawebsite. So that portal's like a

(03:05):
little bit like an onlinemailbox where you store all your
files and and you you look atthe progress of your case. So
the resource of Do Your OwnDivorce is on a separate
website. So you can have both ofthose websites up - the Court's
one and our guide while you'renavigating through your form.

Yasmine (03:28):
Okay, that sounds doable. And can Do Your Own
Divorce be accessed on a mobilephone?

Jenny (03:34):
Yes, definitely. So Do Your Own Divorce can be accessed
on a mobile phone or any othertablet or computer device. But
keep in mind that people cannotuse a mobile phone to file their
divorce application form. Sopeople need to use a laptop or
desktop computer to actuallywork through and submit their

(03:56):
online form. Also, people canuse their local library if they
want to get access to a biggerscreen than they have, sometimes
you might need to book.

Yasmine (04:07):
Awesome. So you can have the form up on your
computer or laptop whilescrolling through Do Your Own
Divorce on your phone. Or youcan open a new tab or window or
even split your screen if you'rejust using a laptop or desktop
computer.

Jenny (04:20):
Yep, that's right.

Yasmine (04:21):
Great. Thanks, Jenny. And is Do Your Own Divorce a
free resource?

Jenny (04:27):
Yes, it's completely free, and you don't even have to
sign up to use it. You simply goto the webpage and all the
information is there, and youcan start and come back to it at
any time, and it will rememberwhere you left off. Just be
aware too, that some onlinepromotions will charge you for a

(04:48):
divorce, and just beparticularly aware of ones where
you might only just be gettingthe paperwork you would have got
from the Court anyway.

Yasmine (04:57):
That's a really good point, Jenny. I have noticed on
Google. If you just, you know,type in how to do your divorce
in Australia, you get given allthese websites, and it seems
like they're free and they'regoing to give you free
information, but then you go inand actually try and get the
information you want, and theyend up charging a fee, and
usually it's just for simpleinformation that already is on

(05:20):
the court's website, so just bemindful to look out for that and
make sure you're using the rightresources.

Jenny (05:27):
Yeah, it can be a problem for people. But just one more
thing about the costs, keep inmind that the divorce
application is free, but thereis a court filing fee, and
everyone has to pay that fee,although some people might be
eligible for a reduced fee.

Yasmine (05:47):
And how much is that fee?

Jenny (05:49):
The fees change every year. At the moment, as of
August 2025, the full fee is$1,125 and the reduced fee is
$375. It's really important toring the Court or check the
court's website.

Yasmine (06:07):
Thanks Jenny. And we'll put a link to where you can find
the latest fee and theeligibility requirements for the
reduce fee in the show notes. Wewill also find it linked in the
online guide. So Jenny, who isDo Your Own Divorce best suited
for?

Jenny (06:24):
So Do Your Own Divorce is useful for people who might not
be eligible for free legaladvice about divorce, but who
want to explore doing theirdivorce themselves. So it is
generally best for people whohave reasonable literacy and
computer skills. We want to bereally clear that it's not

(06:46):
suitable for everybody, and wewant to encourage vulnerable
people who can actually getaccess to free legal advice that
they don't have to use the guidethere are other resources and
places they can go for help. Sothere's a section at the
beginning of the guide thathelps people work out the best

(07:06):
resource for them.

Yasmine (07:07):
So what would be some examples where the Do Your Own
Divorce resource may not besuitable?

Jenny (07:15):
So examples where people might need some extra legal help
- if they're worried about theirsafety or their risk of
violence, or if they need aninterpreter, also if someone
needs extra help with technologyor completing forms or help
using the internet.

Yasmine (07:33):
Okay, that's really great to keep in mind, and
again, that section at thebeginning of the guide will
assist people to determine if itis right for their situation and
direct them to get further help.And that section of the guide is
called, 'Can I do my divorcewithout legal help?'

(07:55):
So Jenny, this podcast is forcommunity workers. Would they be
able to use this guide to helptheir clients who may need to
file a divorce?

Jenny (08:05):
Yes, absolutely. And we really encourage community
workers to use the guide to helppeople that they work with.
We've created a toolkit forcommunity workers that includes
a video, a pictorial and an FAQabout how to use the guide to
support their clients, and thisalso includes downloadable
posters, postcards and socialmedia tiles for community

(08:29):
organisations to help us spreadthe word about the guide.

Yasmine (08:33):
That sounds fantastic, and we will put a link to that
webpage for community workers inthe show notes of this episode.
And I should also add, if peoplelistening want us to send
posters and postcards to theirorganisation or community group,
get in touch with us atcle@legalaid.nsw.gov.au and
we'll send you some for free.And I'll put that info in the

(08:56):
show notes. Also, importantly,Jenny, I will also put in the
show notes, the direct link toDo Your Own Divorce, and the URL
to type into your Internetbrowser on your phone or
computer is -info.legalaid.nsw.gov.au/divorceguide

(09:17):
and again -info.legalaid.nsw.gov.au/divorceguide
and make sure you check the shownotes for that direct link. Now,
Jenny, are there any other wayspeople can access Do Your Own
Divorce?

Jenny (09:31):
The other way is through the Legal Aid NSW website. And
if you go to the site under theheading my problem is about you
can click my family orrelationship, and then divorce,
and it's linked under theresources at the bottom of the
page. It's also able to beaccessed via the Court's
website. So if you visitfcfcoa.gov.au - on the home

(10:00):
page, you'll see a big greentile that says Family law. If
you click that and then Divorce,there's a link to Do Your Own
Divorce at the bottom of thepage.

Yasmine (10:10):
Great. So a lot of different ways that people can
find the resource.
Now, Jenny, we know there's alot of misinformation out there
about divorce, so I want to runthrough some rapid fire
questions and bust some mythsthat are out there.

Jenny (10:31):
Okay, let's go.

Yasmine (10:32):
Okay. First one, do both people in the marriage need
to agree to a divorce?

Jenny (10:38):
No, so the Court can grant a divorce even if one
person doesn't want it, theredoesn't have to be a reason for
it, either just the 12 monthseparation period and that one
person believes the marriage isover.

Yasmine (10:52):
Great. Does divorce deal with finances or property?

Jenny (10:57):
No, a divorce only legally ends a marriage, so it
doesn't deal with anyarrangements for property,
finances, child support, kids,anything like that. Those are
all separate steps. There's anonline resource that can help
with that called Amica, andwe'll put a link to that in the
show notes as well. It isimportant to know that there's a

(11:17):
12 month time limit once yourdivorce is finalised to start a
property settlement in the Courtor apply for financial support
from your spouse.

Yasmine (11:27):
Okay, thanks. That's really important for community
workers listening who may beassisting someone with applying
for a divorce, to highlight thatit is a separate process, and to
remember that 12 month timelimit if they need to go to
Court to deal with property andfinances. And I think you also
mentioned children. What aboutarrangements for children?

Jenny (11:48):
Yes, that's also a separate process, but there's no
time limits on anything to dowith children. But a divorce
order will not make anydecisions about arrangements for
children. So for example,there'll be no decisions through
the divorce process about wherethey live or who they spend time
with, or who pays for them.However, the Court still wants

(12:10):
to know that any children under18 will be cared for after the
divorce, and there are questionsin the divorce application about
arrangements for children. Ifthe Court is concerned about
child's welfare, they may delaythe divorce and ask you to
provide some more information.

Yasmine (12:29):
Okay, so do you need a lawyer to do your divorce?

Jenny (12:33):
For most simple divorces in Australia, you don't need a
lawyer. There are somesituations where we do recommend
that people get legal advice,and that's indicated throughout
the Do Your Own Divorce guide.However, you'll definitely need
a Justice of the Peace to signyour documents. So keep that in
mind, there are free JP serviceslinked into the resource as

(12:57):
well.

Yasmine (12:58):
So what are some of those situations where people
may need to speak to a lawyer?

Jenny (13:02):
We recommend that people get some legal advice if they
don't have all of theinformation or the documents
that the Court asks for. So someexamples might be where they
can't find their spouse or theycan't get their marriage
certificate. All of that dependson people's individual
situations. We also recommendtalking to a lawyer if someone

(13:27):
is worried about the informationthey're putting into the form,
or if they're concerned abouttheir safety in any way - it's
really important that thosepeople chat to a lawyer before
they submit or file anything asit might not be able to be
changed later,

Yasmine (13:43):
Right. So I guess if people are concerned if they
don't have the right documentthat is needed, or if they're
worried about, say theseparation period, or what you
said about the conflict with thespouse, or if they feel unsafe,
definitely seek legal support.And there is information in the
guide about how to do that. Andof course, community workers can

(14:06):
also help their clients get thatlegal support. So does an
applicant need to go to court orattend some kind of hearing?

Jenny (14:15):
Yep, there is a hearing, but it's conducted
electronically, and not everyonehas to attend. So once someone
files their application and it'sbeen processed by the court,
they'll receive the hearingdate, and whether they need to
go or not can depend on thecomplexity of their case,
whether their spouse disputesthe information they've written

(14:38):
in the application form, or ifthere's been an issue serving
any of the documents. We'veincluded information about when
someone needs to go to thehearing in the guide, and that
information is also available onthe Court's website. If people
don't go to their hearing, theregistrar reads through the

(14:58):
papers and the documents and andissues the divorce order.

Yasmine (15:02):
So when does that divorce order become final?

Jenny (15:06):
So the divorce becomes final a month and a day after
that hearing date, but in thatmonth and a day you can't get
married. You have to wait tillthat divorce order becomes
final.

Yasmine (15:16):
Okay, good to know. Thanks, Jenny. And if there's
any final tips you could givecommunity workers who may be
helping someone fill out theirdivorce application. What would
those be?

Jenny (15:29):
Just keep in mind that when people talk about divorce,
they might mean everything to dowith separation, for example,
who sees the kids, childsupport, their finances, but in
family law, as we've saidbefore, divorce is just the end
of a marriage, and people mightneed separate information about

(15:50):
all those other things, so seethe show notes about where you
can refer people for all theother information they need.
Also be mindful that bothparties in a marriage will see
the information in the forms,because the divorce form has to
be given to your spouse theother party. So it's important

(16:11):
that applicants don't writeanything that they don't want
their spouse to see. If they'reunsure or feel unsafe, make sure
to get legal advice. Also, ifpeople are worried about their
safety, make sure they fill outthe part of the form where
addresses and contact detailswill not be disclosed. And
people are also encouraged tocontact the Court about any

(16:33):
safety concerns. And just tokeep in mind that the court is a
really useful resource itself,there's a live chat function on
the court's website, and atelephone number you can ring to
ask questions about the divorceform. And just lastly, I want to
just emphasize about timelimits. People often think that
the divorce includes settlingthe property and finances, and

(16:55):
as we've said, that's a separateprocess, and people only have 12
months after their divorce isfinalised, to start that
process,

Yasmine (17:04):
Fantastic, really important tips for community
workers about divorce. Thanks somuch for chatting with me, Jenny,

Jenny (17:13):
Thanks so much, Yasmine

Yasmine (17:15):
That's all for this episode. Don't forget to follow
our podcast to stay updated onwhen new episodes are released.
You can also subscribe to ourLaw for Community Workers Alerts
to receive updates aboutwebinars, training and resources
straight to your inbox. Link inthe show notes. As always, if
you have any feedback about ourpodcast or want to suggest a

(17:39):
legal topic, email us atcle@legalaid.nsw.gov.au - thanks
so much for listening. Catch younext time you.
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