Getting a divorce in Australia involves a clear legal process through the Federal Circuit and Family Court of Australia. To file for divorce, you must have been separated for at least 12 months and either be an Australian citizen, live in Australia, or regard Australia as your permanent home. The process is designed to be straightforward, but understanding the steps will help you move through it with less stress.
The divorce application can be filed online through the Commonwealth Courts Portal, making it easier to complete from home. You’ll need to gather the right documents, pay the filing fee, and ensure your spouse receives the papers properly. If you have children under 18, you’ll also need to attend a court hearing to show that proper arrangements are in place for their care.
Whether you married in Australia or overseas, the same rules apply as long as you meet the basic requirements. If you’ve been married for less than two years, you’ll need to complete counselling or get special permission from the court before you can apply. Knowing what to expect at each stage will help you prepare and avoid common delays.
Key Takeaways
- You must be separated for 12 months before you can apply for divorce in Australia
- Applications are filed online through the Commonwealth Courts Portal and require specific documents and a filing fee
- A court hearing is required only when you have children under 18 or if you filed separately without your spouse’s agreement
Eligibility to File for Divorce
Before you can file for divorce in Australia, you need to meet specific legal requirements set out in the Family Law Act 1975. These requirements focus on how long you’ve been separated and your connection to Australia.
Separation Requirements
You must be separated from your spouse for at least 12 months before you can apply for divorce. This separation period is mandatory and cannot be shortened.
Separation means you’ve ended your relationship. You can be separated while still living under the same roof, but you need to show you’ve lived separately. This means maintaining separate finances, sleeping arrangements, and daily routines.
If you’ve tried to reconcile during the separation period, you can still apply for divorce. However, any reconciliation lasting more than three months will reset the 12-month clock. Shorter reconciliation periods don’t affect your application.
Additional requirement: If you’ve been married for less than two years, you must attend counselling with a family counsellor first. You’ll need to file a counselling certificate with your application or get court permission to proceed without one.
Residency and Citizenship Criteria
At least one spouse must meet Australia’s residency or citizenship requirements. You or your spouse must be:
- An Australian citizen by birth, descent, or naturalisation
- A permanent resident of Australia who has lived here for at least 12 months before filing
- Ordinarily resident in Australia and have lived here for at least 12 months before filing
If you married overseas, you can still apply for divorce in Australia as long as you meet these criteria. The court will accept your foreign marriage certificate as valid.
Preparing Divorce Documents
You need to collect specific information and fill out the correct forms before you can submit your divorce application. The Federal Circuit and Family Court of Australia requires accurate documentation to process your case.
Gathering Necessary Information
Your original marriage certificate or a certified copy is the most important document you’ll need. If you married overseas, you must provide an official translation if your certificate isn’t in English.
You need to prove you’ve been separated for at least 12 months. This means collecting evidence of your separation date, such as utility bills showing different addresses, bank statements, or statutory declarations from people who know about your separation.
If you separated but continued living in the same home, you’ll need additional evidence. This includes statements from friends or family members who can confirm you lived separately under one roof. You should document how you divided household tasks, stopped sharing meals, and maintained separate finances during this time.
Your spouse’s current address is required for a sole application. You must make reasonable efforts to locate them if you’ve lost contact. The court needs this information to serve divorce papers properly.
Completing the Application for Divorce
You can file your application through the Commonwealth Courts Portal online system. The portal lets you create a secure account and complete your divorce application electronically.
A sole application means you file by yourself without your spouse’s participation. A joint application means you both agree to the divorce and file together, which costs less in court fees.
The application form asks for details about your marriage, separation date, and any children under 18. You must answer all questions accurately and completely. The filing fee is $1,060 for a sole application or $360 each for a joint application as of 2025.
Lodging Your Divorce Application
You can lodge your divorce application through the Commonwealth Courts Portal online or submit a paper application in specific circumstances. Most applications are now completed electronically through the secure eCourts system.
Online Filing Process
You must lodge your divorce application through the Commonwealth Courts Portal, which is the primary method for filing in the Federal Circuit and Family Court of Australia. You need to create an account on the portal and complete the online Application for Divorce form.
When setting up your application, tick the box for ‘Federal Circuit and Family Court of Australia’ and enter a title such as ‘Application for Divorce’. The system allows you to save your progress and return to complete the form later if needed.
You will need to upload supporting documents as part of your online application. This includes your marriage certificate or an extract of marriage, and a counselling certificate if you have been married for less than two years. The portal provides secure access to your court file after lodging.
Once submitted, you can pay the filing fee online using a credit card or debit card. The system confirms receipt of your application immediately.
Paper Filing Options
Paper applications are only accepted in limited situations where online filing is not possible. You must contact the court registry directly to determine if you are eligible to file by paper.
If approved for paper filing, you need to obtain a physical copy of the Application for Divorce form. You must complete all sections by hand or typewriter and attach certified copies of your supporting documents.
You lodge the paper application at your nearest Family Law Registry or authorised court location. Payment of the filing fee can be made in person by cash, cheque, or card.
Serving Divorce Papers
When you file a sole application for divorce in Australia, you must formally deliver the documents to your spouse and prove this delivery to the court.
Serving the Other Party
You need to serve your spouse with a copy of your divorce application and related documents. This process ensures your spouse knows about the divorce proceedings and can respond if they choose to.
Who can serve the documents:
- A professional process server
- An adult over 18 years (not you or anyone named in the application)
- Australia Post via registered mail
- A sheriff or bailiff
You cannot serve the documents yourself. The person serving must hand the papers directly to your spouse or use another approved method.
Timeframes matter. If your spouse lives in Australia, service must occur at least 28 days before the court hearing. This gives your spouse enough time to read the application and prepare a response.
For joint applications, you don’t need to serve any documents because both parties sign and file together.
Proof of Service
After someone serves the divorce papers on your spouse, you must prove to the court that service happened correctly. This requires filing an affidavit of service.
The person who served the documents completes this affidavit. It states when, where, and how they delivered the papers to your spouse. The affidavit must include specific details about the service method used.
You file this affidavit with the court before your hearing date. Without proper proof of service, the court may postpone your hearing or dismiss your application. The court needs this evidence to proceed with your divorce.
Attending the Court Hearing
All divorce cases require a court hearing, but you don’t always need to attend in person. Whether you must attend depends on your specific circumstances and how you filed your application.
When a Hearing Is Required
You must attend the hearing if you filed a sole application and have children under 18 years old. The court needs to confirm that proper arrangements have been made for the children.
You also need to attend if you filed a Response to Divorce opposing your spouse’s application. You’ll need to explain to the court why you’re opposing it.
You don’t need to attend if:
- You filed a joint application with your spouse
- You filed a sole application and have no children under 18
- You haven’t filed a Response opposing the divorce
If you’re unsure about your requirement to attend, check the Commonwealth Courts Portal or call the National Enquiry Centre on 1300 352 000 to verify your hearing details.
What to Expect at the Hearing
Divorce hearings are conducted electronically. You only need a telephone to attend and don’t have to go to court in person. The electronic attendance details appear on the Commonwealth Courts Portal and the daily court list from 4pm (AEST) the day before your hearing.
The hearing is usually quick if your paperwork is correct. The court will review your application, confirm you meet the eligibility requirements, and verify that documents were properly served if applicable.
The court processes multiple divorces in each session. You’ll wait your turn to speak with the registrar, who will ask brief questions about your application. If everything is in order, the court grants a decree nisi. This is the initial divorce order that becomes final one month and one day later.
Finalising the Divorce Process
After the court processes your application and holds any required hearings, you’ll enter the final stage where your marriage officially ends. The timeline and steps are predictable, but you need to understand the waiting periods and what happens when you receive your order.
Waiting Periods
You must wait at least one month and one day after the hearing date before your divorce becomes final. This waiting period applies to all divorces in Australia, whether you filed alone or jointly with your former spouse.
The court uses this time to allow either party to appeal the decision if needed. During this waiting period, you remain legally married. You cannot remarry or update your legal marital status until the divorce order takes effect.
If you have children under 18, the court must be satisfied that proper arrangements are in place for them before granting the divorce. This might extend the process if the court needs more information about parenting arrangements.
Receiving the Divorce Order
The court will send you a Divorce Order once the one-month waiting period ends. You’ll receive this document through the Commonwealth Courts Portal if you filed online, or by post if you filed a paper application.
The Divorce Order shows the date your divorce became final. Keep this document safe, as you’ll need it for legal purposes like remarrying or updating official records.
You can request a copy of your Divorce Order at any time through the court if you lose the original. The order only ends your marriage—it doesn’t cover property division, spousal maintenance, or parenting arrangements, which must be handled separately.
Important Considerations After Divorce
After your divorce is finalised, you need to address parenting arrangements and financial matters separately, as the divorce order itself doesn’t resolve these issues.
Adjusting Parenting Arrangements
Your divorce doesn’t automatically change existing parenting arrangements for your children. You need to address custody, living arrangements, and child support as separate legal matters.
If you had informal arrangements during separation, you may want to formalise them through a parenting plan or consent orders. A parenting plan is a written agreement between you and your former spouse that outlines how you’ll care for your children. Consent orders are legally binding arrangements approved by the court.
Key parenting matters to address include:
- Where the children will live
- How much time they spend with each parent
- Who makes major decisions about education, health, and religion
- How you’ll communicate about parenting matters
Child support obligations continue regardless of your parenting arrangement. You can organise child support privately or through Services Australia’s Child Support scheme, which calculates payments based on each parent’s income and care percentage.
Property and Financial Settlements
Divorce and property settlement are completely separate processes in Australia. You can apply for a property settlement at any time after separation, but you must do so within 12 months of your divorce becoming final.
The family court divides assets based on each person’s financial contributions, non-financial contributions, and future needs. This includes the family home, superannuation, savings, investments, and debts accumulated during the marriage.
You can reach a property settlement through negotiation, mediation, or court proceedings. Formalising your agreement through consent orders or a binding financial agreement protects both parties and prevents future claims.
Consider updating your will, superannuation beneficiaries, and insurance policies after divorce. Your former spouse may still be listed on these documents, which could create unintended consequences.
Frequently Asked Questions
Getting a divorce in Australia involves specific legal requirements and procedures that can affect various aspects of your life. Understanding separation periods, eligibility criteria, required documentation, and how divorce impacts children and property helps you prepare for the process ahead.
What is the legal process for obtaining a divorce in Australia?
The legal process for obtaining a divorce in Australia follows a straightforward pathway through the Federal Circuit and Family Court. You start by filing a divorce application online through the Commonwealth Courts Portal or by paper application at a court registry.
The only grounds for divorce in Australia is the irretrievable breakdown of your marriage. You must prove this by showing you and your spouse have been separated for at least 12 months.
After you file your application, the court serves the documents to your spouse. If you apply jointly with your spouse, both of you must sign the application. A court hearing date is then scheduled, though you may not need to attend if certain conditions are met.
The court grants the divorce order at the hearing if all requirements are satisfied. Your divorce becomes final one month and one day after the court makes the order.
Are there any mandatory separation periods before filing for divorce?
You must be separated from your spouse for at least 12 months before you can file for divorce in Australia. This separation period is mandatory and cannot be waived.
You can still be considered separated whilst living under the same roof. However, you need to provide additional evidence to the court showing you were genuinely separated during this time.
If you and your spouse reconcile for a period shorter than three months during your separation, this doesn’t restart the 12-month clock. Any reconciliation periods longer than three months means you need to start counting the 12-month separation period again from when you re-separated.
What documents are required to initiate a divorce proceeding?
You need your original marriage certificate or an official copy to file for divorce. If your marriage certificate is not in English, you must provide an official translation along with the original document.
The divorce application form is the main document you must complete. This form requires details about your marriage, separation date, and any children under 18 years of age.
If you married overseas, you need proof that your marriage is valid under Australian law. You also need to provide evidence of Australian citizenship, permanent residency, or proof you’ve lived in Australia for at least 12 months before filing.
For marriages that lasted less than two years, you need a counselling certificate from a family counsellor. Alternatively, you can apply to the court for permission to proceed without this certificate.
How can I determine if I am eligible to file for divorce in Australia?
You are eligible to file for divorce if you or your spouse regard Australia as your home and intend to live here indefinitely. This means either you or your spouse must be an Australian citizen, live in Australia on a permanent basis, or have lived in Australia for at least 12 months immediately before filing.
You must have been separated from your spouse for at least 12 months. Your marriage must also be valid under Australian law.
If you married overseas, your marriage needs to be recognised as valid in Australia. Most marriages conducted overseas are recognised, but you should verify this if you’re unsure.
You cannot apply for divorce if you’ve been married for less than two years unless you attend counselling and file a certificate, or obtain court permission. This requirement ensures couples in shorter marriages have attempted to reconcile.
What are the implications of divorce on child custody and support?
Divorce and parenting arrangements are separate matters under Australian family law. The court does not automatically decide custody or support arrangements when it grants your divorce.
You need to make separate parenting arrangements for children under 18 years of age. These arrangements cover where children live, how much time they spend with each parent, and who makes major decisions about their lives.
Child support is calculated based on each parent’s income and the amount of time children spend with each parent. You can arrange child support privately with your former spouse or through Services Australia’s Child Support Programme.
The court considers the best interests of the child as the primary consideration in all parenting matters. This principle guides all decisions about custody and care arrangements.
How is property and debt divided in an Australian divorce settlement?
Property settlement is a separate legal process from divorce in Australia. The court does not automatically divide your property when it grants your divorce order.
You can reach a property settlement agreement with your former spouse at any time. This agreement should cover all assets, including real estate, superannuation, savings, investments, and personal belongings, as well as any debts.
The Family Law Act requires the court to follow a four-step process when determining property division. The court identifies and values all assets and debts, assesses each party’s contributions, considers future needs, and determines what division is just and equitable.
Financial contributions include income, inheritances, and gifts brought into the marriage. Non-financial contributions cover homemaking, parenting, and supporting the other spouse’s career.
You have 12 months from the date your divorce becomes final to apply for property settlement orders if you were married. De facto couples have two years from the date of separation.
Get in touch with a qualified family lawyer to guide you through a divorce
It is always best to get in touch with a qualified and reputable family lawyer to help guide you through the divorce process. You can use our Family Lawyer Directory to find a family lawyer that is right for you.
