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

Getting divorced in Australia is more straightforward than most people expect. It's a no-fault system, you can apply online, and the divorce itself is separate from sorting out property and children. This guide walks you through every step, the eligibility rules, the cost, and the common pitfalls.

Key takeaway: Australia has a no-fault divorce system. To apply you must have been separated for at least 12 months and meet residency requirements. You apply online through the Commonwealth Courts Portal, pay the filing fee (around $1,100, or about $375 with a concession), and — if there are children under 18 — satisfy the court that proper arrangements are in place. The divorce itself does not divide property or settle parenting; those are separate.

Who can apply for a divorce?

To apply for a divorce in Australia, you must satisfy the Federal Circuit and Family Court of Australia that:

  • You're an Australian citizen, a permanent resident, or have lived in Australia for at least the past 12 months;
  • You have been separated for at least 12 months; and
  • The marriage has broken down irretrievably, with no reasonable likelihood of getting back together.

Australia follows a no-fault model under the Family Law Act 1975 — the court doesn't care why the marriage ended, only that it has. Divorce is common and routine: the ABS Marriages and Divorces, Australia records tens of thousands of divorces granted each year, the large majority without a hitch.

Divorce application in Australia at a glance
RequirementDetail
SeparationAt least 12 months and one day
ResidencyCitizen, permanent resident, or 12 months living in Australia
GroundIrretrievable breakdown — no-fault
How to applyOnline via the Commonwealth Courts Portal
Filing feeAround $1,100 (about $375 with a concession)
When it's finalOne month and one day after the order is granted

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The 12-month separation rule

You must be separated for at least 12 months and one day before you can apply. Separation can include being "separated under one roof" — living in the same home but no longer together as a couple — though you'll need to show evidence of that. See how separation under one roof works →

If you got back together for a period of less than three months and then separated again, the earlier and later periods can sometimes be added together — but a reconciliation of three months or more resets the clock.

How to apply: step by step

  1. Gather your documents — marriage certificate, ID, and evidence of separation.
  2. Create a Commonwealth Courts Portal account and complete the Application for Divorce.
  3. Choose sole or joint — a joint application (both spouses) avoids serving documents; a sole application means you serve the other party.
  4. Pay the filing fee and submit.
  5. Serve the documents (sole applications only) within the required timeframe.
  6. Attend the hearing if required — often not necessary, especially for joint applications or where there are no children under 18.
  7. Divorce order takes effect one month and one day after it's granted.
Sole vs joint divorce application
Joint applicationSole application
Who appliesBoth spouses togetherOne spouse
Serving documentsNot requiredRequired — you must serve your spouse
Attending the hearingUsually not neededMay be needed if there are children under 18
Best whenYou both agree to divorceYour spouse won't participate or can't be found

What does it cost?

The divorce filing fee is set by federal regulation — around $1,100, with a reduced fee of roughly $375 for concession-card holders and those in financial hardship, per the FCFCOA fee schedule. If your application is straightforward and you do it yourself, that filing fee may be your only cost. See the full cost of divorce breakdown →

Serving the divorce papers

If you file a sole application, you must formally "serve" the documents on your spouse so they have notice. There are rules about how and when this must happen — you can't simply hand them over yourself. If your ex won't cooperate or can't be found, there are options including substituted service. If communication has broken down, mediation can help →

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Divorce when you have children

If there are children under 18, the court must be satisfied that proper arrangements have been made for their care before granting the divorce. This doesn't mean you need final parenting orders — but you do need workable arrangements. A parenting plan agreed through mediation is the simplest way to demonstrate this. For a sole application involving children, you may need to attend the hearing.

Why applications get delayed

Most divorce applications go through cleanly, but a few avoidable issues cause delays. Knowing them up front saves weeks:

  • Separation under 12 months — applying before you've completed the full 12 months and one day.
  • Missing marriage certificate — you need your certificate, and an English translation if it's in another language.
  • Service not completed properly — on a sole application, the documents must be served correctly and proof of service filed.
  • Arrangements for children unclear — the court needs to see proper arrangements are in place for any children under 18.
  • Errors in the application — names that don't match the marriage certificate, or incomplete details.

A short consultation, or agreeing parenting and property through mediation in parallel, heads off most of these. Sort the children's arrangements →

What a divorce does NOT resolve

This is the most misunderstood part: the divorce only ends the marriage. It does not divide your property, settle finances, or determine parenting arrangements. Those are separate processes — and there are time limits. You generally have 12 months from the date the divorce is final to apply for property and financial orders. Don't let the divorce lull you into missing that window. The calm way to settle all of it — parenting, property and finances — is divorce mediation. Sort your property settlement →

Questions & answers

Frequently asked questions

How long does it take to get divorced in Australia?+

You must be separated for at least 12 months before applying. After filing, a divorce order usually takes a few months and becomes final one month and one day after it's granted.

Can I get a divorce online in Australia?+

Yes. The Application for Divorce is lodged through the Commonwealth Courts Portal. You don't need to attend a registry in person to file.

How much does a divorce cost in Australia?+

The filing fee is around $1,100, with a reduced fee of about $375 for concession holders or those in financial hardship. A DIY application may have no other cost.

Do I need a lawyer to get divorced?+

No. You can file the divorce application yourself. Legal help is more useful for property settlement and parenting, which are separate from the divorce.

What if my spouse won't sign the divorce papers?+

You can file a sole application and serve them. If they won't cooperate or can't be found, options like substituted service exist. You don't need their consent to divorce.

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