How to Apply for Divorce in Australia

Divorce is the legal ending of a marriage. Australia has no-fault divorce: the Court does not decide who caused the relationship to end. An applicant must satisfy the Federal Circuit and Family Court of Australia that the marriage has broken down irretrievably, the parties have been separated for at least 12 months and one day, and the Australian jurisdiction requirements are met.

Key points

At least one spouse must regard the marriage as over and communicate the separation.
You must normally wait 12 months and one day after separation before filing.
It is possible to be separated while living under one roof, but extra affidavit evidence may be required.
A divorce application may be sole or joint.
A sole application must be served on the other spouse.
Divorce does not decide property settlement, maintenance, parenting or child support.
Once divorce becomes final, a 12-month time limit generally applies to commencing married-couple property or financial proceedings.

Who can apply for divorce in Australia?

The Court’s current guidance requires a connection with Australia. Either spouse must generally be:

an Australian citizen by birth, descent or grant;
lawfully present, regard Australia as home and intend to live here indefinitely; or
ordinarily living in Australia and have done so for at least the 12 months immediately before filing.

People married overseas may apply in Australia if the jurisdiction and marriage requirements are met. A marriage certificate is required. If it is not in English, the Court requires the original-language certificate, a translation and the relevant affidavit material.

How long must you be separated?

The parties must be separated for at least 12 months and one day before signing and filing the application. For example, if separation occurred on 7 November, the earliest filing date is generally 8 November the following year.

Separation can begin even if only one spouse decides the marriage is over, but that intention must be communicated directly or through conduct. If the separation date is disputed, affidavit evidence may be required.

Can you divorce while living in the same home?

Yes. This is called separation under one roof. If the parties lived together during any part of the 12 months immediately before filing, additional affidavits must explain how the marital relationship changed.

Relevant facts can include sleeping arrangements, finances, household tasks, social activities, communication to friends or government agencies, arrangements for children and the reason the parties continued sharing the home.

Read the detailed guide: Separation under one roof.

Sole application or joint application?

Sole application

One spouse applies as applicant and the other is respondent. The respondent does not need to agree or sign, but the filed application and required documents must be formally served. The applicant cannot personally serve the documents.

If the respondent cannot be located, the applicant may need an order for substituted service or dispensation of service. Evidence of reasonable attempts to locate the respondent will be important.

Joint application

Both spouses apply together and sign the required material. Formal service on the other spouse is not required. Joint filing does not mean the parties have resolved property or parenting issues; it only means they cooperate in the divorce application.

What documents may be needed?

Depending on the circumstances:

marriage certificate;
certified translation and affidavit if the certificate is not in English;
citizenship, passport or visa/residence evidence;
Affidavit for eFiling Application (Divorce);
separation-under-one-roof affidavits;
counselling certificate if the marriage was less than two years at filing, unless an exception applies;
service documents for a sole application; and
evidence supporting an application about service if the spouse cannot be located.

How is a divorce application filed?

Applications are generally eFiled through the Commonwealth Courts Portal. The process involves completing the online application, uploading supporting documents, signing and witnessing the eFiling affidavit, paying the filing fee or applying for reduction, choosing a hearing date and completing service where required.

The Court checks the application and may require correction or further evidence. Every divorce has a listed Court date even when personal attendance is not required.

Do you need to attend the hearing?

Attendance depends on the application and circumstances. The Court’s current filing guidance requires attendance where a sole application involves a child of the marriage under 18. The Court may also direct attendance or request further evidence in any matter.

What does divorce cost?

As at 1 July 2026, the Court filing fee is $1,170, with a reduced fee of $390 for eligible applicants. Fees can change. Eligibility for reduction may depend on concession status, Legal Aid or demonstrated financial hardship.

Legal Care Australia’s professional fees are separate from the Court fee and depend on the agreed work, including whether service, affidavits, translations or additional applications are required. Obtain a written scope and quote rather than relying on a generic “divorce cost” figure.

When does the divorce become final?

If granted, a divorce order usually becomes final one month and one day after the hearing. Do not make a wedding date or remarry until the order is final and available.

What does divorce not resolve?

Divorce does not determine:

division of property, debts or superannuation;
spousal maintenance;
parenting arrangements;
child support;
transfer of a home or other title; or
changes to wills, superannuation nominations, EPA or EPG.

Those issues require separate agreement, orders, documents or advice.

Property-settlement time limits after divorce

For married couples, an application for property or financial orders generally must be filed within 12 months after the divorce order takes effect. Applying later usually requires the Court’s permission, which is not automatic.

Property settlement can occur before divorce. Do not delay financial advice merely because the divorce application has not been filed.

Should you review your will after divorce or separation?

Yes. Separation, divorce and changed relationships can affect intended beneficiaries and appointments, but not every document or asset changes automatically. Review the will, EPA, EPG, superannuation, jointly owned property and business arrangements as a coordinated plan.

Read: Wills, EPA and EPG—how they work together.

Practical divorce checklist

Confirm the separation date and Australian jurisdiction.
Obtain the marriage certificate and translation if required.
Decide whether the application will be sole or joint.
Identify separation-under-one-roof or service complications.
Record details of children under 18 and current arrangements.
Consider property, maintenance and parenting separately.
Review estate-planning and superannuation documents.
Check the current Court fee and filing requirements.

Obtain advice about the complete legal position

Legal Care Australia can assist with divorce applications and identify connected family-property and estate-planning issues. Book a confidential family-law consultation in English or Vietnamese.

Sources checked

Source-checked: 21 July 2026. This guide provides general information only and is not legal advice. Court fees, forms and procedures can change.

Divorce in Australia: Eligibility, Process and What Happens Next