To apply for a divorce in South Australia, the application for divorce should be made to the Federal Circuit Court in Australia in accordance with the Practice Direction 6 of 2003 issued by Family Courts. To be eligible to file for an application of divorce in South Australia, you must prove either you or your spouse have a link with Australia and at the time of application you or your spouse live in Australia and either you or your spouse is a citizen of Australia.
In South Australia you can file an application for divorce regardless of the fact that your spouse does not want a divorce. If you and your spouse both want a divorce, you could both file the divorce application together. The advantage of filing the application together is not having to serve the application of divorce on the other spouse. Divorce applications can now be filed online and if you wish to file an online divorce application, you can do so by registering on the Federal Circuit Courts page titled ‘How do I register for the Commonwealth Courts Portal?’
In case you encounter any difficulty filing an application for divorce online and can’t apply for the divorce yourself, you can get a grant of legal aid to help pay a lawyer to represent you to file a divorce application. To file for a divorce in South Australia you need to provide your marriage certificate. You don’t need to provide this if the court has it through other proceedings but if you can’t provide your marriage certificate, you will have to provide an affidavit with your application stating reasons for your failure to provide it or giving a specific time when you shall provide it for the court. If your marriage was done in South Australia, you can get a copy of your marriage certificate by an application to the Births, Deaths and Marriages Registration Office.
In cases where your marriage was conducted overseas, you will need to apply to the authority of that country. Also if you marriage certificate is in another language, you will have to make a translated copy of it by an accredited translator. For more information see the Federal Circuit Courts Rules 2001.You are not permitted to remarry or set dates for marriage after filing for a divorce. A divorce does not become effective until it’s finalized by a divorce order.