Family law
Divorce preparation checklist — Australia
Direct answer: To apply for divorce in Australia, you generally need evidence of a valid marriage, an eligible connection with Australia and at least 12 months’ separation. You must provide accurate information about separation, children under 18 and service of the application. Divorce is separate from parenting, property settlement and spousal maintenance.
Seek urgent or separate advice if
- there is family violence or an immediate safety concern;
- you do not know where your spouse is;
- your spouse is overseas or avoiding service;
- you separated under one roof for part of the 12 months;
- you resumed living together and are unsure how that affects the separation period;
- the marriage certificate is unavailable or not in English;
- there is a dispute about the separation date;
- property-settlement or spousal-maintenance time limits may be approaching;
- your visa status depends on the relationship;
- there are current parenting or protection proceedings.
For immediate danger, contact emergency services. The website enquiry service is not an emergency service.
Eligibility information
- Date and place of marriage.
- Exact separation date.
- Confirmation that the marriage has broken down irretrievably.
- Dates of any attempted reconciliation.
- Evidence that at least one spouse regards Australia as home, is an Australian citizen or ordinarily lives in Australia as required.
- If married for less than two years, information about counselling requirements or an applicable exception.
Documents to prepare
- Official marriage certificate.
- Certified English translation and translator material if the certificate is not in English.
- Passport, citizenship certificate or evidence relevant to Australian jurisdiction.
- Any prior court orders about the marriage, children, safety or property.
- Former-name or name-change evidence if names differ across documents.
- Current contact details and a safe way for the firm to communicate.
Separation under one roof
If you lived in the same home after separation, prepare details of:
- when and how separation was communicated;
- sleeping arrangements;
- financial arrangements;
- household tasks;
- social activities and how the relationship was presented to others;
- changes in government, insurance or other records;
- a person who independently knew about the separation;
- why you remained living together.
Additional affidavit evidence may be required. Do not exaggerate or manufacture differences; describe what actually occurred.
Children under 18
- Full names and dates of birth.
- Where each child lives.
- Time and communication with each parent.
- Schooling and childcare.
- Health and special needs.
- Financial support arrangements.
- Existing parenting plans or orders.
- Any safety concerns.
The court considers whether proper arrangements have been made, but a divorce order does not itself create detailed parenting orders.
Service information
For a sole application, prepare:
- spouse’s current residential or work address;
- spouse’s email, telephone and other reliable contact details;
- information about overseas location or travel;
- a suitable adult who may serve documents where permitted;
- any reason ordinary service may be unsafe or impossible.
An applicant generally cannot personally serve their spouse. Service rules and timing must be followed.
Connected legal issues to discuss
- Parenting arrangements.
- Child support.
- Property settlement and superannuation.
- Spousal maintenance.
- Family violence and safety.
- Will, EPA, EPG and superannuation nominations.
- Property-title transfers.
- Company, trust or business interests.
- Immigration consequences.
Fees and timing
- Check the current court filing fee on the official court website.
- Ask whether you may qualify for a reduced fee.
- Obtain Legal Care Australia’s approved written scope and professional-fee information.
- Do not rely on an undated online cost estimate.
What happens next?
Legal Care Australia can assess eligibility, prepare or review the application and affidavits, explain service and identify connected issues where it accepts the matter.
Client next step: Book a confidential consultation and upload only the requested documents through the secure process. The firm must complete a conflict check before receiving detailed confidential information or agreeing to act.
Official information
General information only, not legal advice. Court forms, fees and requirements can change.