Divorce process Australia — what to expect
Australia has a no-fault divorce system under the Family Law Act. The Federal Circuit and Family Court of Australia (FCFCOA) can grant a divorce if the marriage has broken down irretrievably after at least 12 months of separation.
You can file a joint application (both sign) or a sole application (you apply and then arrange service on your spouse). Most applications are filed online through the Commonwealth Courts Portal. If there are children under 18, the Court considers whether proper arrangements are in place, but it does not decide parenting or property at the divorce hearing.
Important: Divorce is separate from parenting, property settlement and spousal maintenance. Deadlines can apply to these other matters. If unsure, ask for help early.
Divorce steps in Australia
| Stage | What usually happens |
|---|---|
| 1) Check eligibility | Confirm 12 months and 1 day separation, Australian connection (citizen, resident or intend to live here indefinitely), and counselling certificate if married under two years (or explain why not possible). |
| 2) Gather documents | Marriage certificate (and translation if not in English), ID, evidence for separation under one roof, name-change proof, plus service documents for sole applications. |
| 3) Choose joint or sole | Joint avoids service and often avoids a hearing. Sole requires proper service on your spouse and filing proof of service. |
| 4) File online | Register/log in to the Commonwealth Courts Portal, complete the Application for Divorce, upload affidavits as needed, and pay the filing fee or apply for a reduction. |
| 5) Serve (sole only) | Serve the filed documents within the required timeframe and file the Acknowledgment/affidavit of service. If you can’t serve, apply for substituted service or dispensation. |
| 6) Hearing (if required) | Some applications are decided on the papers. A short hearing may be listed if there are children under 18, service issues or missing information. |
| 7) Order becomes final | If granted, the divorce order becomes final one month and one day after the hearing date (unless otherwise ordered), and a divorce order is available via the Portal. |
Eligibility to divorce in Australia
Core requirements
- Separated for at least 12 months and 1 day
- Married legally (in Australia or overseas)
- Australian connection: citizen, ordinarily resident, or intend to live in Australia indefinitely
- If married under two years: counselling certificate or explain exceptional circumstances
Separation under one roof
You can be separated while living in the same home. Provide affidavits explaining the separation (for example, separate rooms, finances, social lives) and, ideally, a corroborating affidavit from another adult.
Divorce costs and timeframes
Typical costs
- Court filing fee: around $1,060 (reduced fee available for eligible concession holders)
- Document service (sole applications): process server or postage/courier if required
- Translations: if your marriage certificate isn’t in English
- Legal help (optional): many firms offer fixed-fee divorce packages
Always check the current FCFCOA fee schedule before filing.
Timeframes
- Portal preparation and filing: days to a few weeks, depending on documents
- Hearing listing: usually several weeks after filing (varies by registry)
- Finalisation: divorce becomes final one month and one day after the hearing date
Documents you’ll likely need
Having these ready makes the divorce process in Australia faster and reduces back-and-forth.
- Marriage certificate (plus official translation if not in English)
- Photo ID and updated name-change documents (if applicable)
- Affidavits for separation under one roof (if relevant)
- For sole applications: Acknowledgment of Service and affidavit of service (or process server affidavit)
- For recent marriages (under two years): counselling certificate or affidavit explaining why counselling isn’t possible
- Details of arrangements for children under 18 (schooling, health, living arrangements)
Joint vs sole applications and service rules
Joint application
Both spouses sign and file together via the Portal. This usually avoids the need for service on the other party and often means no court attendance is required.
Sole application
You file alone and must then serve the filed documents on your spouse within the set timeframe. You cannot serve them personally yourself—use a process server, a friend/relative over 18, or permitted postal methods, then file proof of service.
If you cannot locate your spouse, you can apply for substituted service or dispensation of service. Timeframes differ if serving overseas.
Property settlement and parenting are separate
A divorce order only ends the marriage. It does not divide assets or set parenting arrangements. These are separate processes that can run before, during or after your divorce, subject to deadlines.
- Property/spousal maintenance applications: generally within 12 months of the divorce becoming final
- Parenting: can be agreed (parenting plan) or formalised by consent orders or court orders
- Consent orders: let the Court make your agreement binding without a contested hearing
DIY vs family lawyer — which suits you?
DIY divorce
- Lower upfront cost
- Best when joint, straightforward and cooperative
- You handle Portal filing and any service steps
Use a lawyer
- Good for sole applications, service difficulties or overseas parties
- Helpful when living “under one roof” or married under two years
- Can bundle divorce with consent orders for property/parenting
Divorce Process Australia — FAQ
Do we have to be separated exactly 12 months and 1 day?
Yes, that is the minimum period before filing. If you reconcile for three months or more and then separate again, the 12-month clock usually restarts.
Will the Court decide our property or custody at the divorce hearing?
No. The Court only considers whether to grant a divorce. Property and parenting are separate applications. The Court will check that proper arrangements for any children under 18 are in place.
What if I can’t find my spouse to serve the papers?
You can ask the Court for substituted service (for example, via email, social media or a relative) or dispensation of service. Evidence of your attempts to locate your spouse is required.
Do I need to attend the hearing?
Many joint applications proceed on the papers. Attendance may be required for sole applications, matters with children under 18, or where the Court has questions.
How long until the divorce is final?
If granted, the order usually becomes final one month and one day after the hearing date. You will be able to download the divorce order from the Portal.
Can I apply for a reduced filing fee?
Yes, if you hold an eligible concession card or meet the Court’s financial hardship criteria. Provide the required evidence when filing online.
Need help with the divorce process?
Get free guidance on eligibility, documents, online filing and the best pathway for your situation. We can also connect you with fixed-fee family lawyers near you.