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.
| Requirement | Detail |
|---|---|
| Separation | At least 12 months and one day |
| Residency | Citizen, permanent resident, or 12 months living in Australia |
| Ground | Irretrievable breakdown — no-fault |
| How to apply | Online via the Commonwealth Courts Portal |
| Filing fee | Around $1,100 (about $375 with a concession) |
| When it's final | One month and one day after the order is granted |
Unsure whether you're eligible or how to start? A quick consultation will give you clarity — no obligation.
Book a free consultation →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
- Gather your documents — marriage certificate, ID, and evidence of separation.
- Create a Commonwealth Courts Portal account and complete the Application for Divorce.
- Choose sole or joint — a joint application (both spouses) avoids serving documents; a sole application means you serve the other party.
- Pay the filing fee and submit.
- Serve the documents (sole applications only) within the required timeframe.
- Attend the hearing if required — often not necessary, especially for joint applications or where there are no children under 18.
- Divorce order takes effect one month and one day after it's granted.
| Joint application | Sole application | |
|---|---|---|
| Who applies | Both spouses together | One spouse |
| Serving documents | Not required | Required — you must serve your spouse |
| Attending the hearing | Usually not needed | May be needed if there are children under 18 |
| Best when | You both agree to divorce | Your 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 →
Ex won't sign or can't be found? We can guide you through your options. Talk to us today.
Book a free consultation →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 →