The Family Law Act 1975 (Cth) governs divorce in Australia, and while the process might seem straightforward, the Family Court applies strict requirements. Your application may be rejected if you fail to:
1. Meet Jurisdictional Requirements
To apply for a divorce in Australia, either you or your spouse must:
Be an Australian citizen, or
Ordinarily reside in Australia and have done so for at least 12 months before filing.
2. Prove Separation
You must demonstrate that your relationship has irretrievably broken down, with 12 months of separation before filing. If you continued living under the same roof, you need to provide additional evidence — typically in the form of affidavits.
3. Serve the Application Properly
Improper service of documents is a leading cause of rejection. If your spouse doesn’t receive the application (or isn’t served according to the rules), the Court will not process your request.
4. Complete the Forms Correctly
Even small administrative errors — incorrect names, missing signatures, or failing to attach a marriage certificate — can result in a rejected divorce application.
5. Pay the Correct Fees or Provide a Valid Fee Reduction Form
Failure to pay the filing fee or provide an acceptable fee exemption form can delay or void your application.
How to Fix a Rejected Divorce Application
If your application has been rejected, don’t panic. You have options — and with the right guidance, most errors can be corrected quickly. Here’s what to do:
✅ Review the Rejection Notice
The Court will typically provide written reasons outlining why your divorce was rejected. Carefully review this notice to understand what went wrong.
✅ Seek Legal Advice
Engaging a solicitor — even after the fact — can make a world of difference. At Lyon Legal Services, we can:
Review your application and the Court’s reasons for rejection
Correct errors or help you prepare a new application
Draft affidavits for separation under one roof
Ensure your documents are served correctly and within timeframes
✅ Refile or Amend Your Application
Depending on the nature of the issue, you may be able to file an amended application or start again. If time is of the essence (e.g. you’re planning to remarry), professional assistance is strongly advised.
DIY Divorce vs. Legal Support: Know the Risks
While a DIY divorce may seem cost-effective, rejected applications often result in added expense, delay, and stress. This is especially true in complex cases — such as those involving:
Children under 18
Overseas marriages or citizenship issues
Long periods of separation under one roof
Disputes about whether the marriage has truly ended
In these situations, getting it right the first time is key.
Need Help Fixing a Rejected Divorce Application?
At Lyon Legal Services, we understand the emotional and legal toll of separation. Whether you’re just starting your divorce or trying to recover from a DIY attempt gone wrong, our team is here to help. We provide clear, affordable advice and fixed-fee divorce services tailored to your needs.
Author : Jason
