In this guide(8 sections)
I'll give you the answer most lawyers won't lead with: for the divorce itself, you very often don't need one. The divorce application — the bit that legally ends your marriage — is largely an administrative form, and plenty of people lodge it themselves without ever sitting in front of a solicitor. That's the truth, and it's worth saying plainly, because the last thing you need right now is to be frightened into paying for something you can manage on your own.
But — and this is the important part — "divorce" and "sorting everything else out" are two different things in Australia, and people constantly confuse them. The application is easy. Dividing your home and super, deciding where the kids live, protecting yourself if there's been violence — those are where a lawyer actually earns their keep. This guide is here to help you tell the two apart, so you spend money only where it genuinely protects you. (If you want the mechanics of lodging, here's how to file for divorce step by step, and here's what it all costs.)
At a glance — DIY divorce vs when you need a lawyer
| You can usually do it yourself when… | You should talk to a lawyer when… |
|---|---|
| It's a joint application, you both agree | You have property, super or debts to divide |
| There are no children under 18, or arrangements are settled | You need parenting arrangements sorted or formalised |
| You've been separated 12+ months, cleanly | There's family violence, fear or coercion involved |
| There are no assets to divide (or already divided) | The other side won't cooperate or can't be found |
| You're confident with online forms | Assets are complex — a business, trust, or overseas |
| You just need the marriage ended on paper | You're unsure which of these applies to you |
Do you need a lawyer to get divorced in Australia? Often, no. The divorce application — which only ends the marriage — is administrative, and many people lodge it themselves, especially a joint application with no children under 18. You genuinely need a lawyer for the separate matters: dividing property and superannuation, parenting arrangements, family violence, or where the other side won't cooperate.
First, what a "divorce" actually does (and doesn't)
This is the single most useful thing to understand, and it changes the whole answer. In Australia, a divorce does exactly one thing: it legally ends your marriage. That's it. It does not divide your house, split your superannuation, decide where the children live, or settle who pays what.
Under section 48 of the Family Law Act 1975 (Cth), there's only one ground for divorce — that the marriage has broken down irretrievably — and you prove it simply by having been separated for 12 months and one day. There's no fault to argue, no blame to assign, nobody to convince. It really is, for most people, a form and a wait.
So when you ask "do I need a lawyer to get divorced?", the honest reframe is: for ending the marriage on paper, usually not. For everything that comes with the end of a marriage, quite possibly. Keep those two ideas separate and the rest of this becomes clear.
When you genuinely don't need a lawyer
If your situation looks like the left column above, you can almost certainly handle the divorce application yourself. The court actively expects self-represented applicants and builds its forms around them — you lodge online through the Commonwealth Courts Portal, pay the $1,125 fee ($375 with a concession), and wait.
You're a strong candidate for doing it yourself when:
- You're making a joint application together — no one has to be served, and usually no one has to attend court.
- There are no children under 18, or the arrangements for any children are already settled and working.
- Your separation is clean and clearly 12 months and a day or more.
- There's nothing left to divide — either you have no real assets, or you've already sorted property and finances fairly between you.
In that scenario, paying for a full-service divorce can be money you didn't need to spend. I'd far rather tell you that honestly than take a fee for filling in a form you could have managed. (If you'd still like a second set of eyes, a single free 30-minute consultation to sanity-check the application is a sensible middle ground — more on that at the end.)
When you genuinely do need a lawyer — the things that aren't "the divorce"
Here's where I'd gently push back on the do-it-yourself instinct. None of the following are part of the divorce application — they're separate legal processes that the divorce doesn't touch — but they're where real money, real security, and real outcomes are at stake.
Property and superannuation. Dividing the home, the savings, the debts and the super is the single biggest reason people need a lawyer — and it's completely separate from the divorce. Getting it agreed and properly formalised (through consent orders or a financial agreement) is what protects you years down the track. A handshake deal isn't binding; a verbal "you keep the house" can unravel. This is the work that's genuinely worth paying for. See property settlement.
Parenting arrangements. If you have children and you're not fully agreed on where they live and how decisions are made, a lawyer helps you get there — and helps make any agreement durable. The court's overriding concern is the best interests of the child (section 60CC of the Family Law Act 1975), and good drafting now prevents painful disputes later.
Family violence, fear or coercion. If there's been violence, or you feel pressured, unsafe or controlled, please don't try to navigate this alone to save a fee. This is exactly when a lawyer — and the right support services — matter most, including with intervention orders and safe arrangements. (If you're in immediate danger, call 000. For support, 1800RESPECT is on 1800 737 732, any time.)
The other side won't cooperate, or you can't find them. A divorce can still proceed without your spouse's agreement, but a missing or obstructive ex makes service tricky, and a lawyer can arrange substituted service or dispensation without it derailing.
Complex assets — or you're simply not sure. A business, a family trust, overseas property, or a marriage under two years all add wrinkles. And if you've read this far and still aren't certain which column you're in, that uncertainty is itself a good reason for one free conversation.
A worked example — the same couple, two very different needs
Maya and Tom separated 13 months ago. They own a home with a mortgage, two superannuation balances, and they share care of one child.
The divorce: they file a joint application themselves through the portal, pay the fee, attend nothing, and a few months later the marriage is formally over. They didn't need me for that, and I'd have told them so.
Everything else: they do come in — not for the divorce, but to formalise how they split the house and super, and to put their parenting arrangement into consent orders so it's certain and enforceable. That's an afternoon's worth of legal work that protects both of them for decades.
The lesson: they were right to DIY the divorce and right to get help with the settlement. Same couple, two completely different answers — because they're two completely different things.
There's also a deadline worth knowing here. Once your divorce order takes effect, you have just 12 months to apply for a property settlement or spousal maintenance under section 44(3) of the Family Law Act 1975. After that you need the court's permission, which isn't guaranteed. So if money and property aren't sorted, it's worth starting that conversation around the time you divorce — not a year later.
So how many people actually use a lawyer?
It's hard to give a precise figure, because the divorce application and the surrounding matters are recorded separately — but the shape of it is clear. According to the Australian Bureau of Statistics' Marriages and Divorces, Australia, 2024, there were 47,216 divorces granted in Australia in 2024, and the overwhelming majority went through as routine administrative orders rather than contested courtroom fights.
The Federal Circuit and Family Court itself notes that the great majority of family law matters resolve without a final hearing — through agreement, negotiation or mediation. In other words, "needing a lawyer" almost never means "going to trial". It usually means getting good advice early so an agreement is fair and properly locked in — which is the cheap, calm end of the spectrum, not the dramatic one.
Frequently asked questions
Do you need a lawyer to get divorced in Australia?
Often, no. The divorce application only legally ends the marriage, and it is largely administrative — many people lodge it themselves through the Commonwealth Courts Portal, especially a joint application where both spouses agree and there are no children under 18. You genuinely need a lawyer for the separate matters that come with separation: dividing property and superannuation, sorting parenting arrangements, family violence situations, or where the other party will not cooperate.
Can I get divorced without a lawyer in Australia?
Yes. You can lodge a divorce application yourself online through the Commonwealth Courts Portal without a lawyer, and the court provides resources for self-represented applicants. This works well for genuinely simple matters — a joint application, separation of 12 months or more, and no children under 18 or settled arrangements. For property division, parenting orders, or any complexity, legal advice is strongly recommended even if you lodge the divorce yourself.
What's the difference between the divorce and the property settlement?
The divorce legally ends the marriage and nothing more. The property settlement divides your assets, superannuation and debts. They are entirely separate legal processes — you can be divorced without your property being settled. Because property settlement is where most of the value and the risk sits, it is the part where a lawyer is genuinely worth the cost, while the divorce application itself often is not.
Do I need a lawyer if my ex and I agree on everything?
For the divorce application, probably not — a joint application is straightforward. But if you have agreed how to divide property or arrange parenting, it is still worth seeing a lawyer to convert that agreement into binding consent orders or a financial agreement. A verbal or informal deal is not legally enforceable, and formalising it properly is what protects you if circumstances change later.
When should I definitely see a family lawyer?
When there is property, superannuation or debt to divide; when you need parenting arrangements decided or formalised; when there has been family violence or you feel unsafe or pressured; when the other party will not cooperate or cannot be found; when assets are complex (a business, a trust, overseas property); or simply when you are not sure which of these applies to you. If you are in immediate danger, call 000; for support, 1800RESPECT is available any time on 1800 737 732.
Is it risky to do my own divorce application?
For a genuinely simple matter it is low risk — the form is designed to be self-completed. The risk is mostly in errors that delay the application (wrong dates, missing documents, service problems on a sole application) rather than anything catastrophic. The bigger risk is assuming the divorce sorts out your property and parenting too — it does not, and missing the 12-month property settlement deadline after divorce can genuinely cost you.
If you're not sure, the first conversation is free
You don't have to work out which column you're in on your own. In a free, confidential 30-minute consultation, I'll give you the honest answer — whether yours is a simple application you can comfortably lodge yourself, or whether there's property, parenting or a deadline that's genuinely worth a hand with. No pressure, no obligation, and no fee for telling you that you don't need me. Book a free consultation →, call 03 4328 5084, or chat with Eliana, our assistant, any time.
This guide is general information about the divorce process in Australia, not legal advice, and it doesn't create a lawyer–client relationship. Every situation is different — for advice on your own circumstances, please speak with a family lawyer.
Prepared by the Fogarty Oliver Rothschild family law team as general information about Australian family law. Family and property law in Melbourne since 2012. Published 25 June 2026.
This guide is general information about Australian family law, not legal advice for your specific situation. For advice on your matter, book a free initial consultation.