How to Get a Divorce in Australia: The Full Process, Requirements and 2026 Costs

Australia has had no-fault divorce since the Family Law Act 1975. That means the court does not care who was at fault or why the marriage ended. There is a single ground for divorce: that the marriage has broken down irretrievably, and the law says you prove this by showing you and your spouse have lived separately and apart for at least 12 months, with no reasonable likelihood of resuming married life.

You can apply once you have been separated for 12 months. In practice the court looks for separation of 12 months and one day before the application, so count carefully from the date you regard the marriage as having ended. Separation can be a clear physical move-out, or it can be communicated in another way; what matters is that the marriage relationship ended.

Importantly, you can be separated while still living in the same home, often for financial or practical reasons. The court accepts separation under one roof, but because it is harder to demonstrate, you will usually need to provide extra evidence, such as an affidavit from yourself and ideally from an independent person (for example, a family member or friend) describing the changes in your relationship, sleeping arrangements, finances and how you presented to others.

If you got back together briefly to try to reconcile, a single period of up to 3 months living together does not reset the 12-month clock, though the periods either side are added together rather than counting the time you were back together. Confirm the detail of your situation at the official source below.

To apply for a divorce in Australia, you or your spouse must have a sufficient connection to Australia. You meet this if at least one of you is an Australian citizen, regards Australia as your permanent home and intends to live here indefinitely, or has ordinarily lived in Australia for at least the 12 months immediately before filing the application. You can still divorce in Australia even if you married overseas.

A significant change took effect on 10 June 2025 under the Family Law Amendment Act 2024. Previously, couples married for less than 2 years had to attend counselling and file a counselling certificate (or get the court's permission) before applying for divorce. That requirement has been repealed. You no longer need a counselling certificate, regardless of how long you were married.

The 12-month separation requirement is unchanged. So even for a short marriage, you still need to be separated for at least 12 months before you can apply.

If your marriage certificate is not in English, you must file an affidavit translating it, attaching both the original certificate and the English translation prepared by a qualified translator.

You can apply for divorce in one of two ways. A joint application is made together with your spouse: you both sign, you both have access to the file, and neither of you needs to attend the court hearing, even if there is a child of the marriage under 18. This is usually the simpler, cheaper and less stressful route when you are on reasonable terms.

A sole application is made by one person. With a sole application you are responsible for serving the divorce documents on your spouse (the respondent) and proving to the court that they received them. If there is a child of the marriage aged under 18, the sole applicant must attend the hearing.

With a sole application you also sign an affidavit before a lawyer or Justice of the Peace (JP). With a joint application, both spouses sign the affidavit before a lawyer or JP. Either way, you must provide the court with a copy of your marriage certificate.

If you cannot safely contact your spouse, or you do not know where they are, you do not have to give up. You can ask the court for substituted service (serving in another way) or to dispense with service altogether, supported by an affidavit setting out what you have done to try to find or serve them.

Divorce applications are filed online (eFiled) through the Commonwealth Courts Portal at comcourts.gov.au. You create an account, complete the Application for Divorce, upload your supporting documents (such as your marriage certificate and any affidavits), and pay the filing fee.

You will need: your marriage certificate; identification; details of the marriage and separation; and, if you have children under 18, details of the arrangements for their care, welfare and development. If your spouse is overseas or you married overseas, gather any translations and travel or visa documents that prove the dates and your residency.

Western Australia is the exception. If you live in WA, you apply to the Family Court of Western Australia, which has its own processes and forms, rather than the federal court. The grounds, the 12-month separation rule and the residency requirements are the same, but the court and some procedures differ, so use the WA court's own guidance.

The court also publishes a free Divorce Service Kit and step-by-step guides, so you can complete a straightforward divorce yourself without a lawyer if you choose to.

From 1 July 2025 the court filing fee for an Application for Divorce is $1,125. There is a reduced fee of $375 if you are eligible. You qualify for the reduced fee if you are the primary holder of a relevant concession card (such as a health care card, pensioner concession card or Commonwealth seniors health card), receive Youth Allowance, Austudy or ABSTUDY, have been granted Legal Aid, are under 18, or are in prison or otherwise detained. For a joint application, all applicants must meet the criteria for the reduced fee to apply.

Court fees are reviewed and usually indexed on 1 July each year, so always confirm the current amount on the court's fees page before you file. The fee shown here is the federal court fee; the Family Court of Western Australia sets its own fees.

Beyond the court fee, the main potential cost is legal advice. A simple, agreed divorce can often be done yourself for just the filing fee. If you instruct a family lawyer to prepare and lodge the application, you would typically pay a professional fee on top, and costs rise if there are complications with service or disputes. Get a written fee estimate before engaging anyone.

Remember the filing fee buys you the divorce only. Sorting out property, superannuation, spousal maintenance or parenting arrangements can involve separate (and often larger) legal costs, whether you resolve them by agreement or through the court.

If you make a sole application, you must arrange for the divorce documents to be served on your spouse and then prove to the court that service happened correctly. You cannot serve the documents yourself; a third party (a friend, family member or professional process server) must do it, by hand or by post.

Timing is strict. The documents must be served at least 28 days before the hearing if your spouse is in Australia, or at least 42 days before the hearing if your spouse is overseas. Build these timeframes into your planning so you do not have to adjourn the hearing.

The simplest proof of service is an Acknowledgment of Service signed and dated by your spouse, confirming they received the documents. If you cannot get a signed acknowledgment, you may need an Affidavit of Service (for hand service) and an affidavit proving the respondent's signature, so the court is satisfied service was effective.

Joint applications do not require service, because both parties are applicants and already have the documents.

A divorce does not decide parenting arrangements, but the court will only grant a divorce if it is satisfied that proper arrangements have been made for any children of the marriage under 18. In the application you set out who the children live with, the care and contact arrangements, schooling, health and finances. If arrangements are not yet settled, you explain the current situation and what is proposed.

Whether you need to attend the hearing depends on the type of application. For a joint application, neither party needs to attend, even if there is a child under 18. For a sole application where there is a child of the marriage under 18, the applicant must attend (in person or, where available, by phone or video). If there are no children under 18, you generally do not need to attend a sole-application hearing.

Hearings are short and procedural. The registrar checks that the legal requirements are met, including separation, residency and arrangements for children, and then grants or declines the divorce. If something is missing, the matter may be adjourned so you can fix it.

If you are worried about safety, including family violence, tell the court. Support is available and you can ask about safe ways to attend and to keep your contact details confidential.

A divorce is not final on the day of the hearing. In most cases the divorce order takes effect one month and one day after the hearing, unless the court makes a special order. You can download your divorce order from the Commonwealth Courts Portal the day after it is finalised. You must not remarry until the divorce is final.

Getting divorced is legally separate from dividing your property, splitting superannuation or arranging spousal maintenance. You do not have to be divorced (or even apply for divorce) to sort out a property settlement; many people finalise property well before they divorce.

But once you are divorced, a hard deadline kicks in: you have only 12 months from the date the divorce becomes final to apply to the court for a property settlement or spousal maintenance. Miss it and you generally need the court's special permission to proceed, which is not guaranteed. (For de facto couples, the equivalent deadline is generally 2 years from the end of the relationship.)

From 10 June 2025 the rules the court uses to divide property also changed, including expressly considering the economic effect of family violence, wastage of assets, debts and the housing needs of children, and how to deal with companion animals (pets). If property or maintenance is in play, getting advice before the 12-month deadline is sensible.