How to Get a Divorce in Australia: A Step-by-Step Guide

Working out how to get a divorce in Australia is usually the most straightforward part of separating. The application is administrative, it is lodged online, and in most cases neither party sets foot in a courtroom. What catches people out is the sequencing: the 12-month separation clock has to run before you can apply, the court expects specific documents, and a divorce order on its own does nothing about your property or your children.

This guide walks through the process in order, from the day you separate to the day your divorce order takes effect, and flags the deadlines that matter most along the way.

Divorce in Australia Is No-Fault

Australia has had no-fault divorce since the Family Law Act 1975 came into force. The court is not interested in who left, who was unfaithful, or who spent the savings. There is one ground for divorce and one only: that the marriage has broken down irretrievably. You establish that by showing you and your spouse have lived separately and apart for at least 12 months.

That is why the process is as simple as it is. There is no blame to argue and no evidence to lead about conduct. The Australian Bureau of Statistics recorded 49,158 divorces granted in 2025, and the vast majority went through without either party being questioned about anything.

Are You Eligible to Apply?

The Federal Circuit and Family Court of Australia needs three things before it will grant a divorce:

• Separation: you have been separated for at least 12 months and one day.
• A connection to Australia: you or your spouse is an Australian citizen, regards Australia as your permanent home, or has ordinarily lived here for the 12 months before filing.
• Arrangements for children: where there is a child of the marriage under 18, the court must be satisfied proper arrangements are in place for their care.

If you have been married less than two years, there is an extra requirement. You must attend counselling with a family counsellor and file the certificate they issue, or explain in an affidavit why counselling was not possible. The Family Relationships Advice Line on 1800 050 321 can arrange it.

How to Get a Divorce in Australia in Seven Steps

1. Confirm your 12 months of separation
2. Choose a sole or joint application
3. Gather your documents
4. File online through the Commonwealth Courts Portal
5. Serve the application on your spouse (sole applications only)
6. Attend the divorce hearing if required
7. Wait for the divorce order to take effect

Step 1: Confirm Your 12 Months of Separation

Separation begins the day one of you communicates, by words or actions, that the relationship is over. Write that date down. It is the date the court works from and the date you will swear to in your application.

You do not need to have lived in different houses. Separation under one roof is recognised, and it is common where a couple cannot afford two households or want to keep things stable for the kids. You do have to prove it, which means an affidavit from you setting out how the household changed after separation (sleeping arrangements, finances, meals, chores, how you presented socially) plus a supporting affidavit from an independent person who saw the change.

A short reconciliation of up to three months does not reset the clock, but that time does not count towards your 12 months either.

Step 2: Choose a Sole or Joint Application

A joint application is filed by both of you together. Nobody needs to be served and neither party needs to attend a hearing. It is the cheapest and least stressful route when you are still on reasonable terms.

A sole application is filed by one spouse alone. Your spouse's consent is not required, but you must formally serve the application on them, which adds a step and a cost. This is the right choice if your spouse is uncooperative or uncontactable, or if there are safety concerns.

Step 3: Gather Your Documents

Have these ready before you start, because the portal will ask you to upload them:

• Your official marriage certificate from Births, Deaths and Marriages or the equivalent overseas authority, not the decorative one from the ceremony.
• Proof of citizenship or residency: an Australian passport, citizenship certificate, or a current visa with your foreign passport.
• A certified English translation and translator's affidavit, if the certificate is in another language.
• A counselling certificate, if you have been married less than two years.
• Separation under one roof affidavits, if they apply.

Step 4: File Online Through the Commonwealth Courts Portal

Divorce applications are filed electronically through the Commonwealth Courts Portal. You create an account, complete the Application for Divorce, upload your documents and pay the filing fee. The Federal Circuit and Family Court of Australia sets out the full lodgement requirements on its website.

At the time of writing the fee is $1,170, reduced to $390 for applicants holding an eligible concession card, receiving Legal Aid, or able to demonstrate financial hardship. On a joint application both parties must qualify for the reduction. Fees are reviewed each 1 July, so check the current court fee schedule before you lodge.

Once the application is accepted the court issues a sealed copy and allocates a hearing date, usually a few months out.

Step 5: Serve the Application on Your Spouse

This step applies to sole applications only. Your spouse must be served with the sealed application at least 28 days before the hearing if they are in Australia, or at least 42 days before if they are overseas.

You cannot hand the documents over yourself. Service is usually done by post, by a professional process server, or by a friend or relative. Your spouse signs an Acknowledgement of Service, which you file with the court along with an affidavit proving service. If your spouse cannot be located or refuses the documents, you can apply for substituted service or for service to be dispensed with.

Step 6: The Divorce Hearing

Divorce hearings are conducted electronically, so a phone connection is all you need. Most people do not have to attend at all.

You must attend if you filed a sole application and there was a child of the marriage under 18 at the time of filing. You should also attend if you asked to be heard, if your spouse has filed a Response opposing the divorce, or if you are seeking orders about service.

Where there is a child under 18, the registrar will want to see that the practical arrangements are settled: where the child lives, how they spend time and communicate with each parent, schooling, health and financial support. This is not the court deciding custody. It is a check that the child is being properly looked after.

Step 7: Your Divorce Order Takes Effect

If the registrar is satisfied, a divorce order is made on the day of the hearing, but it does not become final immediately. The order takes effect one month and one day after the hearing. Only then are you legally divorced and free to remarry. You can download the order from the Commonwealth Courts Portal once it is final.

What a Divorce Order Does Not Do

This is the biggest misunderstanding in family law. A divorce ends the marriage. It does not divide your assets, split superannuation, deal with spousal maintenance or decide parenting arrangements. Those are separate processes with their own rules.

The timing matters. Once your divorce order takes effect you have 12 months to start court proceedings for a property settlement or spousal maintenance. Miss that window and you need the court's permission to proceed, which is not guaranteed. Plenty of people finalise a divorce, feel relieved it is over, then discover a year later that their claim on the family home has become far harder to run.

If property or parenting is unresolved, deal with it before or alongside the divorce rather than after. A Gold Coast family lawyer can usually resolve both through negotiation or mediation without a contested hearing.

Common Mistakes to Avoid

• Applying too early. Filing before 12 months and one day has passed means dismissal, and the fee is not refunded.
• Guessing the separation date. You swear to it, so be accurate and consistent across every document.
• Skipping the independent witness affidavit where you separated under one roof. Applications are regularly adjourned over this.
• Serving the documents yourself. Service will be invalid and the hearing delayed.
• Assuming the divorce sorts out the money. It does not, and the 12-month property deadline starts the day it becomes final.

Frequently Asked Questions

How long does a divorce take in Australia?

Allow 12 to 16 months in total: the mandatory 12 months of separation, then roughly three to four months from filing to hearing, then one month and one day for the order to take effect. Contested applications and service problems can extend it.

Can I get a divorce without my spouse agreeing?

Yes. Consent is not required. You file a sole application and serve it. Your spouse can only oppose on narrow grounds, essentially that you have not been separated 12 months or that the court lacks jurisdiction. Simply disagreeing is not a defence.

How much does a divorce cost in Australia?

The court filing fee is the main fixed cost, currently $1,170 or $390 if you qualify for the reduction. Add a process server on a sole application, plus legal fees. Many firms, including ours, offer a fixed fee for preparing and filing a divorce so you know the cost upfront.

Do I need a lawyer to get a divorce?

Not for a straightforward joint application with no children under 18. Get advice if you separated under one roof, your spouse is overseas or uncontactable, there are children under 18, you have been married less than two years, or property and superannuation are unresolved. The divorce is rarely the hard part. The financial settlement usually is.

Can we be separated while living in the same house?

Yes. Separation under one roof counts towards the 12 months provided you can show the relationship genuinely ended. You will need your own affidavit and one from an independent witness explaining how the household arrangements changed.

Next Steps

Getting a divorce in Australia is mostly a matter of order of operations: run the 12 months, file online with the right documents, serve properly if you are applying alone, then watch the property deadline once your order is final.

OMB Solicitors has advised Gold Coast families since 1968, and our family law team is led by an accredited specialist. We offer fixed-fee divorce applications and can advise on property settlement, parenting arrangements and mediation at the same time, so nothing is left until it is too late to fix. Get in touch with our Southport office for a confidential conversation about where you stand.

This article is general information only and is not legal advice. Your circumstances are specific to you, so please obtain advice tailored to your situation before acting.