What does "online divorce" actually mean?
"Online divorce" covers two different things, and it helps to separate them. The first is the divorce application itself — the legal step that formally ends a marriage — which in Australia is now filed entirely online through the courts. The second is resolving the issues that come with separation — parenting, property and finances — which a divorce order does not deal with at all. Those are settled by agreement (ideally through mediation) or, failing that, by the court.
Most people who search for "online divorce" want help with both: getting the paperwork through, and sorting out the children and the assets without a courtroom fight. This page explains how each part works online.
How to apply for a divorce online in Australia
You apply for divorce through the Commonwealth Courts Portal, the online filing system of the Federal Circuit and Family Court of Australia. There is no need to attend a registry in person to lodge it. In outline:
- Check you're eligible — you (or your spouse) must regard Australia as home, and you must have been separated for at least 12 months and one day.
- Create a portal account and complete the online Application for Divorce.
- Pay the filing fee (a reduced fee applies if you hold a concession card or would suffer financial hardship).
- Serve a sole application on your spouse, or file jointly so service isn't required.
- Attend the hearing if needed — often you don't have to, particularly for a joint application or where there are no children under 18.
A divorce order takes effect one month and one day after it is granted. Remember it ends the marriage only — it does not divide property or settle parenting. That second half is where divorce mediation does the real work. See our full step-by-step divorce guide →
| The divorce application | Resolving parenting & property | |
|---|---|---|
| What it does | Legally ends the marriage | Settles children, property, finances |
| How it's done online | Commonwealth Courts Portal | Online mediation by secure video |
| Time limit | After 12 months' separation | Property: within 12 months of divorce |
| Outcome | Divorce order | Parenting plan, consent orders or BFA |
How does online mediation work?
Online mediation mirrors in-person mediation, conducted over secure video. You can be in the same virtual room, or in separate virtual rooms with the mediator moving between you ('shuttle' mediation) — useful where there's high conflict or a safety concern. Documents are shared and signed electronically, and sessions are scheduled around work and childcare.
Is online mediation as effective as in person?
Yes — and often more convenient. Online mediation removes travel, reduces cost, and lets people participate from a place where they feel safe and comfortable. Outcomes are just as binding once formalised in consent orders or a financial agreement. For parenting matters, an accredited practitioner can also issue the Section 60I certificate you need before applying to court.
Built for regional and remote Australia
If you're far from a capital city, online mediation gives you access to the same nationally accredited mediators as anyone in Sydney or Melbourne — no long drives, no relocating.
What can be resolved online?
- Parenting arrangements and parenting plans
- Property settlements and superannuation splits
- Spousal maintenance and child support
- Section 60I certificates for parenting matters
Sole or joint application — and what if your spouse won't cooperate?
You can apply for divorce jointly with your spouse, or on your own as a sole applicant. A joint application is simplest: there's nothing to serve, and neither of you usually needs to attend court. With a sole application you must arrange for your spouse to be served with the documents, and prove that service to the court.
You do not need your spouse's consent to get divorced. If they won't participate, a sole application still proceeds — the court only needs to be satisfied you've been separated for 12 months and that proper service was attempted. Mediation can't force a divorce, but it can resolve the parenting and property questions that are usually the real source of conflict, so the divorce itself becomes a formality.
Is an online divorce cheaper?
Usually, yes. Filing online avoids registry trips, and resolving the surrounding issues by mediation rather than litigation is dramatically cheaper than a contested case — a settled matter is often resolved in one or two sessions instead of the one to three years a defended court case can take. The court's filing fee is set by the FCFCOA and reduced fees apply on hardship grounds. See what mediation costs →