In this guide

Key takeaway: You can apply for divorce in Australia without a lawyer — the online application through the Commonwealth Courts Portal is designed to be completed by parties themselves. However, the divorce application only ends the marriage. Property settlement and parenting arrangements require separate legal steps, and getting these wrong without advice can cost far more than a lawyer would have. DIY divorce is fine; DIY property settlement without understanding your rights is risky.

Can you get divorced without a lawyer?

Yes. In Australia, you do not need a lawyer to apply for divorce. The Federal Circuit and Family Court of Australia (FCFCOA) has designed the divorce application to be completed by parties themselves through the Commonwealth Courts Portal (comcourts.gov.au). The application is form-based, the court fee is fixed and published, and most straightforward divorces do not require a court hearing.

This is quite different from some other jurisdictions. In Australia, because divorce is no-fault (the only ground is irretrievable breakdown after 12 months' separation), the proceedings are rarely contested in any meaningful way. For straightforward matters, a lawyer is genuinely not required to obtain the divorce order itself.

The divorce application is the easy part. Property settlement and parenting arrangements are where the stakes are highest — and where we can help you reach an agreement without court.

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How to apply for divorce yourself

The steps for a self-represented divorce application are:

  • Step 1 — Confirm eligibility. You must have been separated for at least 12 months. Either you or your spouse must be an Australian citizen, living in Australia, or ordinarily resident in Australia for the past 12 months.
  • Step 2 — Gather documents. You need your marriage certificate (or a certified copy). If the certificate is in a language other than English, you need an NAATI-certified translation. If you do not have the certificate, the Registry of Births, Deaths and Marriages in the state where you married can issue a replacement.
  • Step 3 — Create a Commonwealth Courts Portal account. Go to comcourts.gov.au and create an account. The portal guides you through the application.
  • Step 4 — Complete the application. Fill in the Application for Divorce form online. You will need to state the date of separation, whether you have children under 18, and confirm the separation circumstances.
  • Step 5 — Pay the filing fee. The standard fee is published on the FCFCOA website. A reduced fee applies for Health Care Card holders.
  • Step 6 — Serve the other party (sole applications only). If applying alone, you must serve the divorce application on your spouse at least 28 days before the hearing date (42 days if overseas). The portal provides guidance on service requirements. You cannot serve it yourself — it must be served by someone else (a friend, process server, or Australia Post special delivery).
  • Step 7 — Attend the hearing if required. Most divorces are dealt with on the papers. You must attend if there are children under 18 and you made a sole application.

Joint vs sole application

A joint application (both parties apply together) is simpler than a sole application. There are no service requirements — both parties have already signed the application. Joint applications also typically do not require either party to attend court. If you and your spouse are on reasonable terms and both want the divorce, a joint application is usually the easier path.

A sole application is required if your spouse refuses to cooperate or cannot be located. Service on the other party is required, and proof of service must be filed before the hearing. If the other party cannot be found, substituted service or dispensation with service can be applied for.

What if there are children?

If there are children of the marriage under 18, the court must be satisfied that proper arrangements have been made for their care, welfare, and development. This does not mean a formal parenting order must be in place before the divorce — the court simply needs to be satisfied that adequate arrangements exist (including informal arrangements). However, if you made a sole application, you must attend the hearing if there are children under 18.

Formalising parenting arrangements — through a Parenting Plan or Consent Orders — is strongly recommended regardless of the divorce application status. Informal arrangements are not legally enforceable and can break down.

What divorce does NOT cover

This is the most important section for anyone considering DIY divorce. A divorce order does one thing: it legally ends the marriage. It does not:

  • Divide property or superannuation
  • Deal with spousal maintenance
  • Create enforceable parenting arrangements
  • Cancel debts owed jointly
  • Update wills, superannuation beneficiary nominations, or life insurance
  • Change the name on property titles

All of these require separate steps. And critically — once your divorce is finalised, you have only 12 months to apply to a court for property orders. Many people let this time pass without realising it, losing the ability to claim what they are legally entitled to.

Don't let the property settlement deadline sneak past you. Most couples can resolve property through mediation well before the divorce is finalised.

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The risks of going it alone on property

Property settlement under the Family Law Act 1975 involves a four-step assessment process that considers both parties' contributions (financial and non-financial) and future needs. Getting this wrong — by agreeing to a split that does not reflect what the law would provide — can mean leaving money on the table, or overpaying.

Common traps for people who negotiate property without legal advice include: not including all assets in the pool (cryptocurrency, superannuation, business interests, debts owed to you); not understanding how superannuation splitting works; accepting a property split that a court would regard as inadequate; and formalising an agreement informally (without Consent Orders or a BFA) so that either party can walk away from it later.

Where mediation fits in

Even if you are doing your divorce application yourself, using a mediator for property and parenting matters is one of the most cost-effective decisions you can make. A mediation session costs a fraction of contested court proceedings, produces outcomes you both control, and can be completed in days or weeks rather than months or years.

You do not need a lawyer to attend mediation — though getting independent legal advice before and after the session is strongly recommended. At Mediations Australia, we see many couples who handle their own divorce application and use mediation to resolve property and parenting — a sensible, cost-effective combination.

When you should get legal advice even for DIY divorce

  • If you have children and are unsure whether the arrangements you have in place satisfy the court's requirements
  • If your spouse is overseas or cannot be located
  • If you have been married in another country and are unsure whether your marriage certificate is acceptable
  • If you separated under one roof and are unsure how to evidence the separation
  • For property and parenting matters — always get at least one legal consultation before finalising any agreement

Frequently asked questions

How much does it cost to apply for divorce without a lawyer?

The FCFCOA filing fee for a divorce application is published on the court's website. A reduced fee applies for Health Care Card holders. If you need a process server to serve the application, add approximately $100–$300 for service. Total DIY divorce cost is typically $500–$1,000 all-in — compared to $2,500–$5,000 with a lawyer handling the application for you.

How long does a DIY divorce take?

The timeline is the same as with a lawyer: you must wait 12 months from separation to apply, and the court takes 28–90 days to process the application after service. Total time from separation to final divorce: approximately 14–18 months.

Can I change my name after divorce without a lawyer?

Yes. After a divorce order is made, you can revert to a previous surname using the divorce certificate as evidence of name change (for most purposes). For identity documents (passport, driver's licence), you apply to the relevant authority using the divorce certificate.

What if my ex won't sign the divorce application?

A joint application requires both parties to sign. If your spouse won't sign, make a sole application instead. Your spouse does not need to consent to the divorce — they only need to be served with the application and given the opportunity to respond.

Official divorce application portal: Federal Circuit and Family Court of Australia. For marriage certificate replacements, contact the Registry of Births, Deaths and Marriages in the state where you were married.