Applying for a divorce in Australia is an administrative process that can be handled through the Commonwealth Courts Portal. While the steps themselves are defined, many people find the process more complicated than expected – particularly when it comes to correctly establishing your separation date, meeting service requirements if you are filing a sole application , or understanding how divorce interacts with property settlement and parenting arrangements.
Before You Apply: Eligibility Requirements
Before lodging a divorce application, you must meet certain requirements under the Family Law Act 1975.
The 12-Month Separation Rule
You must have been separated from your spouse for at least 12 months before you can apply for divorce. There is no way to shorten this period. If you reconciled and lived together as a couple for more than three months during this time, the 12-month period restarts from the date of final separation. If your period of reconciliation was less than 3 months you can add the periods of separation together to meet the 12 month requirement.
Residency Requirements
At least one of you must be an Australian citizen, regard Australia as your permanent home, or have ordinarily lived in Australia for at least 12 months immediately before filing the application.
Valid Marriage
You must be able to prove that a valid marriage existed. This is done by providing your marriage certificate. If your marriage certificate is from another country and not in English, you will need to file a certified English translation along with an Affidavit – Translation of Marriage Certificate.
Step-by-Step: How to Apply for Divorce
Divorce applications in Australia are filed electronically through the Commonwealth Courts Portal, a secure online system managed by the Federal Circuit and Family Court of Australia.
Step 1: Register for the Commonwealth Courts Portal
Visit the Commonwealth Courts Portal and create an account. You will need to provide your name, contact details, and create a username and password. Registration is free.
Step 2: Gather Your Documents
Before starting your application, collect the following:
- Your marriage certificate (the original or a certified copy)
- certified English translation and Affidavit – Translation of Marriage Certificate, if necessary*
- Proof of Australian citizenship or residency if you were born overseas
- Details of any children under 18
- Information about current arrangements for children (where they live, schooling, health)
*If your marriage certificate is not in English, you will need to have it translated by an accredited translator and provide an affidavit from the translator.
Step 3: Complete the Online Application
Log into the portal and select “Start a new file”, then choose “Application for Divorce”. You will need to provide:
- Details about you and your spouse (names, dates of birth, addresses)
- Information about your marriage (date, location)
- Your separation date
- Details about any children of the marriage under 18
- Whether this is a sole application (you applying alone) or a joint application (both of you applying together)
Step 4: Complete and Upload Your Affidavit
The application includes an affidavit that must be printed, signed, and witnessed by a Justice of the Peace or solicitor. This affidavit confirms that the information in your application is true.
If you have been separated under one roof for any part of the 12 months, you will need to provide an additional affidavit explaining how you lived separately, plus a supporting affidavit from a witness.
Step 5: Pay the Filing Fee
The current filing fee for a divorce application is $1,125 (as at 1 July 2025). Fee reductions may be available if you hold certain government concessions or you are experiencing financial hardship. You can apply for a fee reduction through the portal before submitting your application.
Step 6: Select a Hearing Date
After payment, you will be prompted to select a court location and hearing date from the available options. These are the next available dates and cannot be brought forward.
Step 7: Serve the Documents (Sole Applications Only)
If you are making a sole application, you must serve the divorce documents on your spouse. This means giving them a copy of the sealed application, the supporting documents, and the Federal Circuit and Family Court of Australia Brochure titled “Marriage, Families and Separation“.
Service must be completed at least 28 days before the hearing date if your spouse is in Australia, or 42 days if they are overseas. You cannot serve the documents yourself; someone over 18 must do it on your behalf.
The person serving the Application must ask your spouse to sign an Acknowledgement of Service (Divorce) and they must complete an Affidavit of Service. The Acknowledgement is then attached to the Affidavit of Service for filing.
If your spouse refuses to sign the Acknowledgement the server can still file the Affidavit of Service. If the server can not identify your spouse then you will need to file an Affidavit of Proof of Signature.
If you are making a joint application, you do not need to serve documents, or file the additional documents confirming service, as both parties have already signed the application.
Sole Application vs Joint Application
Sole Application
You apply on your own. This is appropriate if your spouse does not want to participate in the application or you cannot reach agreement to apply together. You will need to serve the documents on your spouse and you will need to attend the hearing if there are children under 18 years.
Joint Application
Both of you apply together. This requires cooperation and both parties signing the affidavit. This does not have to occur at the same time. You generally do not need to attend the hearing, and there is no need to serve documents.
A joint application can be simpler and less stressful, but it requires your spouse to engage with the process.
Do You Have to Go to Court?
You do not always need to attend the divorce hearing.
You must attend if:
- You made a sole application and you have children under 18 years old
- You indicated on your application that you wish to attend
- The court advises you that they require your attendance
You do not need to attend if:
- You made a joint application and there are no issues
- You made a sole application, you have no children under 18, and you indicated you do not wish to attend
Even when attendance is not required, you may choose to attend if you wish.
What Happens at the Hearing?
Most divorce hearings are brief administrative matters. The court will review your application and, if everything is in order, make a divorce order. You do not typically need to speak unless there are specific issues the court wants to address.
If the court is concerned that proper arrangements have not been made for children under 18, it may adjourn the matter and ask for more information before granting the divorce.
When Does the Divorce Become Final?
The divorce order becomes final one month and one day after the order is made. This waiting period allows either party to appeal if necessary (though appeals are rare).
You are not legally divorced until the order becomes final. This means you cannot remarry until after this date.
What Divorce Does Not Cover
A divorce order ends your marriage. It does not deal with:
- Property settlement: Dividing assets and debts
- Parenting arrangements: Where children live and spend time
- Spousal maintenance: Ongoing financial support
These matters are handled separately. You do not need to resolve them before applying for divorce, but you should be aware of relevant time limits.
For married couples, property settlement claims must be made within 12 months of the divorce becoming final.Any application outside of this time will require leave of the court.
When to Get Legal Help
You may be able to complete a straightforward divorce application yourself. However, consider seeking legal advice if:
- You have been separated under one roof and need help with the additional evidence
- You cannot locate your spouse to serve documents
- Your spouse is overseas
- There are concerns about arrangements for children
- You want advice about property settlement or parenting matters at the same time
Our family law team can provide support and assistance with divorce applications and guide you on related matters. We explain the process in plain English and help you understand your rights and options.
Book a confidential consultation to discuss your situation.
