If you’re looking to apply for a divorce, there’s a straightforward divorce process Australia you need to follow. Some aspects depend on your personal circumstances. Our guide details the four steps required to successfully secure a divorce and how they relate to your situation.
Quick guide for divorce process Australia
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Step 1: Check the eligibility criteria
Eligibility to apply for a divorce is based primarily on whether Australia has the jurisdiction to preside over it. That means at least one party must demonstrate one of the following:
You were born in Australia or are an Australian citizen by descent.
You were granted Australian citizenship (you may need to present a citizenship certificate).
You are lawfully present in Australia and intend to continue living in Australia. You must have been living in Australia for at least the last 12 months. You may need to provide evidence, such as:
A passport stamped with your date of arrival.
A valid visa.
Separation
Spouses need to complete a 12-month separation period before they can proceed with an application. The exact separation date may be difficult to establish. The separation date must satisfy three factors:
At least one party had an intention to separate.
The intention to separate was communicated to the other party.
The party acted on their intention.
One common way to set the separation date is when one party moves out of the marital home. However, the parties may need to consider other factors, like:
When the sexual relationship ended.
When the parties stopped sharing domestic duties.
When the parties separated their finances.
Separation under one roof
The rising cost of living has restricted the ability of many spouses to live apart. The law allows separated couples to continue cohabiting during their separation. However, you will need to explain the situation to the court.
Both parties should fill out separate affidavits that set out how their domestic circumstances have changed since separating.
Reconciliation
The law wants to encourage spouses to decide against divorce. To that end, spouses are permitted to reconcile for a period of time. If the reconciliation lasts for less than three months, the parties may resume their separation without resetting the required 12-month separation period.
Marriages of less than two years
Marriages that lasted less than two years have additional pre-action procedures that must be completed. The spouses are expected to undergo counselling and make a genuine effort to resolve their differences. If the sessions are unsuccessful, the parties will receive a counselling certificate showing that they’ve fulfilled their obligation.
There are situations where counselling may not be appropriate. For example:
When there’s a history of family violence, it may not be safe for the parties to participate.
If one spouse is unreachable, the applicant may forgo counselling. They must be able to show that they made all reasonable efforts to invite their spouse to counselling.
The applicant should complete an affidavit explaining either why counselling is not appropriate or the attempts made to contact the other party.
Divorce documents
Before proceeding with the application, make sure you have all the necessary documentation together. The main document you’ll need is your marriage certificate. You can request a replacement from the Registry of Births, Deaths and Marriages. An official certificate currently costs $56.20.
If you were married overseas and the certificate is not in English, you must get it translated. You can contact a NAATI-accredited translator through their online directory.
Step 2: Prepare your application for divorce
The preparation needed for a divorce process Australia application depends on whether you’re making a sole or joint application.
Joint application
Joint applications are generally more straightforward. Apply for divorce online through the Commonwealth Courts Portal. Once you create a court file, you can return to it at your convenience. The Federal Circuit and Family Court of Australia (FCFCOA) website has the basic process for completing the application. Ensure you have necessary additional documents ready, such as:
Marriage certificate.
Supporting affidavits.
Translation documentation.
Counselling certificate.
Once the application has been electronically filed, you may then nominate a date for the divorce hearing. Every divorce application receives a court hearing date, but the parties may not need to attend. Situations where attendance at the court date may be required include:
You’re a sole applicant and have a child under the age of 18. The Court wants to know that proper arrangements have been made for your child.
The applicant indicated that they would like to attend.
The respondent has filed a response to the application.
The applicant has requested a substitution or dispensation of service.
The Court requires more information regarding a separated under one roof situation.
Filing fees
Applicants must pay a fee before submitting their application when they apply for a divorce. There are different payment options when filing for divorce online, such as using a prepaid debit card. The current cost is $1125 as of 1 July 2025. Some parties may only have to pay a reduced fee of $375. You can get a fee reduction if you have a government concession card or meet the court’s financial hardship guidelines, which can help make the divorce process Australia more accessible through the Family Court of Australia.
Sole application
Filing a divorce application alone is a little more complex. After submitting the application to the Court, the applicant must serve documents on their spouse. The deadline for service is the following:
At least 28 days before the divorce hearing.
At least 42 days before the divorce hearing if your spouse is overseas.
As stated on the FCFCO website, you should serve the following court documents:
A sealed copy of the Application for Divorce with the Notice of Application for Divorce attached to the front.
Sealed copy of the Affidavit for eFiling.
A copy of the Marriage, families and separation brochure.
An acknowledgement of service (divorce).
Any other documents filed relating to your Application for Divorce (except any passport/citizenship/marriage certificates/reduction of fees form/concession cards filed).
Divorce application service process
Service must be completed by a third party over the age of 18. Applicants cannot serve the documents themselves. There are three main ways to serve divorce papers:
By hand.
By post.
Serving the other spouse’s divorce lawyer.
The most reliable form of service is by hand. This could be a family member or friend, or a professional process server. The server must identify the respondent to ensure the correct person is being served. This process can differ depending on who is serving the papers:
Family member or friend. They should detail how they know the respondent in an Affidavit of Service by Hand.
Professional process server. The server must identify the party through any of the following means:
A photograph.
Asking questions like what the party’s full name is.
Having another person present who is familiar with the respondent.
If a professional process server wasn’t able to identify the party, but secured their signature, the applicant must file an Affidavit Proving Signature (Divorce) to affirm that they recognise the signature. The applicant should have their own signature witnessed by an authorised witness, like a Justice of the Peace.
What if you can't contact your spouse?
You can only do so much to contact your spouse. If you can demonstrate that you’ve made all reasonable attempts to serve them, you may be able to apply for substituted service. This is where you serve an associate of the respondent who can bring the divorce application to your spouse’s attention. If the court is satisfied, it can allow the matter to progress so you can ultimately obtain your divorce order.
Step 3: Await the Court's review
The time it takes for the Court to process the application depends on its workload at the time. Typically, parties can expect to wait 4-8 weeks. Common reasons for rejection include:
Improper service.
Failure to meet separation requirements.
Inadequate evidence supporting separation under one roof.
Failing to attend the divorce hearing.
The divorce order will take effect one month and one day after your submission once it’s accepted.
Step 4: Receive your divorce order
Your divorce order can be downloaded from the Commonwealth Courts Portal. Once your divorce has been finalised, there are other considerations that you need to take care of. If you have children, you’ll need to make parenting arrangements.
You’ll likely also need to organise a property settlement that may detail financial support arrangements with your ex-partner.
From our clients
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Conclusion
If you’re looking to start divorce proceedings, our guide can help. Organising your own divorce process Australia is simple once you understand the basic steps. The process will depend on your circumstances, but it may be easy for both you and your former partner with the right advice, especially if you can lodge your divorce application online through the Federal Circuit and Family Court, have your marriage certificate ready (including if you were married overseas), and meet the eligibility rules, such as being an Australian citizen.
In some cases you may need to attend a divorce hearing in the Family Court or the Federal Circuit, and once it is finalised you will receive a divorce order. If you are experiencing financial hardship, you may also be able to apply for a reduced fee through the Circuit and Family Court.
Are you seeking legal advice?
We can help you navigate the divorce process Australia after a marriage breakdown. From organising documents to arranging service, you’ll be in good hands. Contact us for a discovery call today.
