How to file for divorce in Australia — the whole process, step by step

In this guide(12 sections)

If you've reached the point of wanting to know how to actually file for divorce, you've probably already lived through the hardest part — the deciding. What's left is mostly paperwork and patience, and it's far less daunting than it looks from the outside. People often imagine a courtroom showdown; for the overwhelming majority of Australians, a divorce is a form, a fee, and a wait. Here's the whole process laid out plainly, so you know exactly what's coming. (Want the dollars side rather than the steps? Here's what a divorce costs, and here's how divorce, consent orders and financial agreements differ.)

At a glance — filing for divorce in Australia

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How do you file for divorce in Australia? You file a divorce application online through the Commonwealth Courts Portal with the Federal Circuit and Family Court, after you and your spouse have been separated for at least 12 months. You apply either alone (a sole application) or together (a joint application), pay the $1,125 filing fee, serve a sole application on your spouse, and the divorce order takes effect one month and one day after it is granted — about four months in total.

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What "filing for divorce" actually means

In Australia, a divorce does one thing: it legally ends your marriage. That's it. It does not divide your property, sort out your superannuation, decide where the children live, or settle spousal maintenance. Those are separate processes with their own paperwork (and you can read about how property is divided and how to apply for consent orders separately).

Australia has a no-fault divorce system. Under section 48 of the Family Law Act 1975 (Cth), there is only one ground for divorce: that the marriage has broken down irretrievably. You don't have to prove who did what, who left whom, or whose fault it was. The court isn't interested in the affair, the arguments or the betrayal. The only thing you must demonstrate is that you've been separated for at least 12 months and one day, with no reasonable likelihood of getting back together.

That single fact — 12 months apart — is the whole legal test. Everything else is procedure.

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Step 1 — Confirm you're eligible to file

Before you file, three things need to be true:

• A connection to Australia. At least one of you must be an Australian citizen, live in Australia and regard it as your permanent home, or ordinarily live in Australia and have done so for the 12 months before filing.
• 12 months of separation. You must have been separated for at least 12 months and one day before you file. You can be "separated under one roof" — still living in the same house but no longer together as a couple — but you'll need to prove it (more on that below).
• No reasonable likelihood of reconciliation. The court needs to be satisfied the marriage is genuinely over.

One extra rule for short marriages: if you were married for less than two years (counting from the wedding to the date of filing), you must first attend counselling with a family counsellor and file a counselling certificate — or get the court's permission to apply without it.

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Step 2 — Decide: sole or joint application

This is the first real decision, and it shapes the rest of the process.

Joint application — you and your spouse apply together. You both sign, you both lodge it as a team. The big advantage: there is no requirement to serve the application on anyone, because you're both already on it. There's also no need to attend a hearing in most cases. It's the simplest, calmest, cheapest path — and it's available even when you no longer live near each other, because the portal lets you each access and sign the application electronically.

Sole application — you apply on your own. Your spouse is the "respondent". The trade-off is that you must serve the application on them (covered in Step 5) and prove to the court that they received it. A sole application can proceed even if your spouse doesn't respond or doesn't want the divorce — they cannot stop a divorce, only delay it through non-cooperation with service.

Worked example. Sarah and Daniel separated 14 months ago. They don't agree on much, but they both want the marriage formally ended. Rather than each filing separately, they agree to a joint application — they sign it electronically through the portal, pay the $1,125 fee, and because it's joint, neither has to serve the other and neither has to attend court. Their divorce order is granted at a registry hearing they don't need to attend, and takes effect a month and a day later. Total elapsed time from filing: just under four months. By choosing joint over sole, they skipped the entire service step.

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Step 3 — Gather your documents

You'll need:

• Your marriage certificate (the official one from Births, Deaths and Marriages — not the decorative ceremony certificate). If it's in another language, you'll need a translation and an affidavit from the translator.
• Proof of citizenship or residence (passport, citizenship certificate) if relevant.
• If you were married under two years, your counselling certificate.
• If you're separated under one roof, supporting affidavits — your own, plus ideally one from an independent person (a friend, family member or neighbour) who can confirm you've been living separate lives within the same home (separate rooms, separate finances, no shared social life as a couple).
• If there are children under 18, details of the arrangements for their care, welfare and development — the court wants to be satisfied proper arrangements are in place.

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Step 4 — File online through the Commonwealth Courts Portal

Divorce applications in Australia are filed electronically. You register for an account on the Commonwealth Courts Portal (comcourts.gov.au), complete the Application for Divorce, upload your supporting documents, and pay the filing fee.

The filing fee is $1,125. If you hold a current Health Care Card, Pensioner Concession Card, or you're receiving certain Centrelink payments, are under 18, or can show financial hardship, the reduced fee is $375 — you apply for the concession at the same time. Both fees are set nationally by the Federal Circuit and Family Court of Australia, so they're the same in Victoria as everywhere else in the country.

Once you submit and pay, the court will seal the application (stamp it electronically) and give you a hearing date. The sealed copy is what you serve, if yours is a sole application.

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Step 5 — Serve the application (sole applications only)

If you filed a joint application, skip this step entirely — there's nothing to serve.

If you filed a sole application, you must give your spouse a copy of the sealed application and a brochure explaining the process. This is called service, and the rules are strict because the court needs to be certain the respondent actually knows about the divorce.

• You cannot serve the documents yourself by hand. Someone else must do it — by post (with an acknowledgment to sign and return) or by hand via another adult or a professional process server.
• You must file proof of service — an Affidavit of Service (if served by hand) or an Acknowledgment of Service signed by your spouse (if served by post) — back through the portal.
• Service must happen at least 28 days before the hearing if your spouse is in Australia (42 days if overseas).

If your spouse is avoiding service or you genuinely can't find them, you can ask the court for substituted service (serving a relative or by email/social media) or dispensation of service (permission to skip it). These are common situations — they slow things down but rarely stop the divorce.

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Step 6 — The hearing (you often don't need to attend)

Here's the part that surprises people: most divorces don't involve setting foot in a courtroom.

• Joint application: no attendance required.
• Sole application with no children under 18: no attendance required.
• Sole application WITH a child under 18: you (or your lawyer) generally do need to attend a short hearing, so the court can be satisfied that proper arrangements are in place for the children. It's brief and procedural — not a trial.

At the hearing, a registrar checks that the paperwork is in order, the 12-month separation is established, and (where relevant) the children's arrangements are appropriate. If everything's in order, the divorce order is granted.

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Step 7 — The divorce order takes effect (1 month + 1 day)

A divorce isn't final the instant it's granted. By law, the divorce order takes effect one month and one day after it is made. This pause exists so that, in the rare case of an error or a genuine reconciliation, there's a window to act.

Once that month and a day passes, you can download your Divorce Order from the portal. That document is your proof you're divorced — and you'll need it if you want to remarry.

Counting the whole timeline: from filing to the order taking effect, a straightforward divorce takes roughly four months. According to the Australian Bureau of Statistics' Marriages and Divorces, Australia, 2024, there were 47,216 divorces granted in Australia in 2024 (a crude divorce rate of 2.1 per 1,000 people), and the median time from application to a divorce becoming final was around four months — so if your matter takes about that long, you're entirely on track.

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One deadline worth knowing before you file

Getting divorced starts a clock you might not expect. 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 your property and finances aren't yet sorted, it's worth at least starting that conversation before or around the time you finalise the divorce — not a year later. This is one of the most common, and most avoidable, mistakes I see.

If that 12-month window applies to you, there's no need to panic or rush the divorce itself — but it is worth a quick, free conversation so you don't accidentally close a door. Book a free 30-minute call →, or speak to Eliana, our assistant, any time on 03 4328 5084.

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Frequently asked questions

How do I file for divorce in Australia?

You file a divorce application online through the Commonwealth Courts Portal (comcourts.gov.au) with the Federal Circuit and Family Court of Australia, once you have been separated for at least 12 months. You apply either alone (a sole application, which you must serve on your spouse) or together (a joint application, with no service required), pay the $1,125 filing fee ($375 with a concession), and the divorce order takes effect one month and one day after it is granted.

What is the ground for divorce in Australia?

Australia has a no-fault divorce system. Under section 48 of the Family Law Act 1975 (Cth) there is only one ground: that the marriage has broken down irretrievably. You prove this by showing you have been separated for at least 12 months and one day with no reasonable likelihood of reconciliation. You do not have to prove fault, blame or wrongdoing by either spouse.

What's the difference between a sole and joint divorce application?

A joint divorce application is filed by both spouses together — neither has to serve the other and usually neither has to attend court. A sole application is filed by one spouse alone, who must then serve the sealed application on the other spouse and prove service to the court. A sole application can still proceed even if the other spouse does not respond.

Do I have to go to court to get divorced in Australia?

Usually no. For a joint application, or a sole application where there are no children under 18, no attendance is required and the divorce is granted without you appearing. You (or your lawyer) generally only need to attend a short hearing for a sole application where there is a child under 18, so the court can confirm proper arrangements are in place for the children.

How long does it take to get a divorce in Australia?

A straightforward divorce takes around four months from filing to the divorce order taking effect. The order is granted at a registry hearing and then, by law, takes effect one month and one day later. According to the ABS, the median time from application to a divorce becoming final in 2024 was about four months, with 47,216 divorces granted that year.

Can I get divorced if my spouse doesn't agree?

Yes. Because Australia has a no-fault system, one spouse cannot prevent a divorce. If your spouse won't cooperate, you file a sole application and serve it on them. If they avoid service or can't be found, the court can order substituted service or dispense with service altogether. A spouse's refusal can delay the process but cannot stop the divorce itself.

What if we separated but kept living in the same house?

You can still divorce — this is called being "separated under one roof". You must show the court that, although you shared the same home, you lived separate lives as individuals rather than as a couple (for example separate bedrooms, separate finances, and no shared social life). This is usually supported by your own affidavit plus one from an independent person, such as a friend or family member.

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When you're ready, the first conversation is free

You don't have to navigate the portal, the affidavits and the service rules on your own. In a free, confidential 30-minute consultation, I'll tell you honestly whether yours is a simple joint application you could lodge yourself, or whether there's a wrinkle — a short marriage, separation under one roof, a missing spouse, or a property deadline — that's worth a hand with. There's no obligation, and no pressure. Book a free consultation →, call 03 4328 5084, or chat with Eliana, our assistant, any time.

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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.

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