To file for divorce in Australia, you must apply to the Federal Circuit and Family Court of Australia (FCFCOA) — either jointly with your spouse or as a sole applicant — through the Commonwealth Courts Portal.
Before lodging your application, you must have been separated for at least 12 months and one day, meet citizenship or residency requirements, and provide supporting documents such as your marriage certificate and, if necessary, affidavits of separation under one roof.
The process involves six key stages: preparing documents, filing the application online, serving your spouse (for sole applications), attending the court hearing if required, and waiting one month and one day for the Divorce Order to take effect. Once that order becomes final, your marriage is legally dissolved under the Family Law Act 1975 (Cth).
In Australia, couples must be separated before filing for divorce—learn how this affects the process.
Legal Framework and Eligibility Requirements
Divorce in Australia operates under a no-fault principle established by section 48 of the Family Law Act 1975 (Cth). The only ground for divorce is that the marriage has broken down irretrievably, demonstrated by a continuous period of separation of at least 12 months and one day.
Statutory Pre-Conditions
Before filing, one of the following must apply:
- At least one spouse is an Australian citizen, either by birth, descent, or grant.
- One spouse regards Australia as their permanent home and intends to live there indefinitely.
- One spouse has been ordinarily resident in Australia for at least 12 months immediately before the filing date.
Where parties have been married less than two years, section 44(1B) of the Act requires a certificate from a marriage counsellor confirming attempts at reconciliation, unless the Court grants an exemption on hardship grounds.
If you are unsure whether you meet these criteria, it is advisable to find family lawyer support early, as eligibility errors are a common cause of rejected divorce applications.
Step-by-Step Divorce Process in Australia
Once the legal grounds and eligibility criteria are satisfied, the next stage is understanding how the divorce process unfolds in practice.
Filing for divorce in Australia follows a clear procedural sequence prescribed by the Family Law Act 1975 (Cth) and the Federal Circuit and Family Court of Australia (Family Law) Rules 2021.
The following step-by-step breakdown outlines each stage — from choosing the right type of application to the point when your divorce order becomes final — ensuring compliance with all statutory and administrative requirements.
Step 1: Determine the Type of Application
Divorce applications may be filed in two ways:
- Joint application – where both parties agree to divorce; no requirement for service.
- Sole application – where one party applies independently and must formally serve the other party with court documents.
The Court treats both types equally in law; the distinction lies in procedure and service obligations.
Step 2: Prepare the Required Documents
Applicants must compile and upload the following supporting evidence when filing:
- A marriage certificate, or a certified translation if not in English.
- Proof of Australian citizenship or residency (passport, visa, or citizenship certificate).
- Affidavit evidence if separation occurred “under one roof”, showing financial and domestic independence.
- A counselling certificate if married for under two years.
Failure to provide correct evidence may result in the application being rejected or adjourned.
Step 3: File the Application Online
Divorce applications are filed electronically through the Commonwealth Courts Portal.
Applicants must:
- Create a secure account on the portal.
- Complete the Application for Divorce form in full.
- Upload all supporting documents.
- Pay the prescribed filing fee (concession available for eligible applicants).
Upon successful filing, the portal will generate a hearing date and an electronic copy of the sealed application.
Step 4: Serve the Documents (Sole Applications Only)
In sole applications, the applicant must ensure the respondent is formally served with the divorce papers.
- If served within Australia: at least 28 days before the hearing.
- If served overseas: at least 42 days before the hearing.
Service can be performed by post, in person, or through a third party, but the applicant cannot serve the documents personally.
After service, an Affidavit of Service must be filed with the Court to confirm compliance.
Step 5: Court Review and Hearing
For joint applications, a hearing is generally unnecessary unless there are children under 18.
For sole applications, the applicant may be required to attend if:
- There are children under 18 years old; or
- The respondent was not properly served; or
- The Court requires clarification about jurisdiction or evidence of separation.
At the hearing, a Registrar of the Court will examine the documents and evidence to ensure that all legal requirements have been met under the Family Law Act 1975 (Cth).
Step 6: Divorce Order and Finalisation
If satisfied, the Court issues a Divorce Order on the hearing date.
However, under section 55 of the Act, the order does not take effect until one month and one day after it is made
Only when the order becomes effective are the parties legally divorced and free to remarry
The sealed Divorce Order, showing the effective date, can be downloaded from the Commonwealth Courts Portal.
Key Timing and Practical Considerations
While the process appears straightforward, several procedural and evidentiary issues can affect timing:
- Incomplete or inaccurate documentation may delay approval.
- Separation under one roof requires detailed affidavit evidence.
- Service delays (especially overseas) can postpone hearings.
- Pending disputes about property or parenting do not prevent divorce but may complicate affidavits and timelines.
Average timeframe from filing to finalisation is approximately three to four months, assuming no procedural delays.
Legal Costs and Representation
The filing fee for a divorce application is prescribed by federal regulations and periodically adjusted by the Court.
Applicants experiencing financial hardship or holding concession cards may apply for a fee reduction.
While representation by a lawyer is not mandatory, professional legal advice is highly recommended where:
- There are children or property involved;
- One party resides overseas;
- There are issues with service or jurisdiction; or
- Complex evidence (e.g., under-one-roof separation) is required.
Legal practitioners ensure compliance with procedural rules and protect clients from invalid filings or delays.
Frequently Asked Questions
Even with a structured process and clear legal rules, many applicants still encounter practical and procedural questions when filing for divorce — such as documentation, timing, costs, or whether a lawyer is necessary.
The section below addresses these frequently asked questions to clarify the most common legal and administrative issues that arise during the Australian divorce process.
What are the main steps to get divorced in Australia?
Meet separation and residency requirements → file the application online → serve the respondent (if applicable) → attend the hearing → wait one month and one day for the Divorce Order to take effect.
How long does the divorce process take?
Typically 3–4 months from filing to finalisation, assuming timely service and no contested evidence.
Do I need to prove fault or blame?
No. Australia’s no-fault system only requires proof that the marriage has broken down irretrievably.
Can I apply for divorce if we still live together?
Yes, but additional affidavit evidence must show that the couple lives separately under one roof, both socially and financially.
When can I remarry after divorce?
One month and one day after the Divorce Order is granted, once it becomes final under section 55 of the Family Law Act 1975 (Cth).
What if my spouse lives overseas?
The same process applies, but you must allow at least 42 days for service and provide evidence that the documents were received.
Conclusion
Filing for divorce in Australia is a legal process requiring precision, evidence, and strict compliance with the Family Law Act 1975 (Cth). While the Court provides an accessible online filing system, the underlying procedural rules remain highly technical.
Seeking early legal advice ensures accuracy, prevents delay, and protects rights relating to property, parenting, and future remarriage. For verified legal guidance or assistance with filing your divorce application, visit LegalFinda to connect with experienced family law professionals across Australia.
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