How to apply for a divorce in Australia: step-by-step – 2026 AU guide
To apply for a divorce in Australia, you must file an Application for Divorce through the Federal Circuit and Family Court of Australia, demonstrating that your marriage has broken down irretrievably and that you have been separated for at least 12 months. The process can be completed online, with or without a lawyer, though legal advice is recommended if your situation involves children, property, or complexity.
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What you need to know before you apply
Divorce in Australia is governed by the Family Law Act 1975, which introduced a no-fault system. This means neither you nor your spouse needs to prove wrongdoing. The sole ground for divorce is the irretrievable breakdown of the marriage, evidenced by at least 12 months of separation.
Before you begin, it helps to understand what divorce does and does not cover. A divorce order legally ends your marriage. It does not automatically resolve property settlements, superannuation splitting, spousal maintenance, or parenting arrangements for children. These matters are dealt with separately, either by agreement or through additional court proceedings. If you have children under 18, the court will also need to be satisfied that proper arrangements are in place for their care before granting a divorce.
It is worth speaking with one of the best family lawyers in Sydney or a lawyer in your state before lodging, particularly if your circumstances are anything other than straightforward.
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Eligibility requirements
To apply for divorce in Australia, you must meet all of the following criteria:
- Separation of at least 12 months. You and your spouse must have been separated for a minimum of 12 months, and there must be no reasonable likelihood of resuming married life. Importantly, you can be separated while still living under the same roof, though you will need to provide additional evidence explaining this. - Recognition of your marriage. Your marriage must be legally recognised in Australia. This includes most overseas marriages, provided they were valid in the country where they were performed. - Connection to Australia. At least one of you must be an Australian citizen, be domiciled in Australia, or have lived in Australia for at least 12 months immediately before filing.
If you have been married for fewer than two years at the time of filing, you are generally required to attend counselling and file a counselling certificate with your application, unless there are exceptional circumstances such as family violence.
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How to file your application: step by step
The Federal Circuit and Family Court of Australia manages all divorce applications. Here is how the process works in 2026:
Step 1 -- Create a Commonwealth Courts Portal account. Applications are lodged online through the Commonwealth Courts Portal. You will need a MyGovID to access it. Step 2 -- Decide whether to apply jointly or as a sole applicant. A joint application means both parties agree to the divorce and file together. A sole application means you are filing without your spouse's active participation. Joint applications are generally simpler, as service requirements are waived. Step 3 -- Complete the Application for Divorce. You will fill in information about your marriage, separation, children, and personal details. Have your marriage certificate ready, and if it is not in English, a certified translation. Step 4 -- Pay the filing fee. A filing fee applies at the time of lodgement. Fee reduction or waiver may be available if you hold a concession card or are experiencing financial hardship. Check the current fee schedule on the Federal Circuit and Family Court of Australia website, as fees are updated periodically. Step 5 -- Serve the documents (sole applications only). If you are a sole applicant, you must serve the application and supporting documents on your spouse at least 28 days before the hearing date (or 42 days if your spouse is overseas). Service must be carried out by a person aged 18 or over who is not you. A process server can assist. Step 6 -- Attend the hearing (if required). If there are children under 18, at least one applicant must attend the court hearing. Joint applicants and sole applicants without children are generally not required to attend. Hearings are often brief. Step 7 -- Receive the divorce order. If the court is satisfied, a divorce order is made at the hearing. It takes effect one month and one day later, at which point you are legally divorced.---
Separation under one roof
One situation that surprises many people is that you do not need to live apart to be considered legally separated. The courts recognise that financial pressure or caring responsibilities may make it impractical for one spouse to move out. However, if you were separated while living together, you will need to support your claim with evidence, such as statutory declarations from you and a witness confirming the living arrangements, evidence that you slept separately, managed finances independently, and no longer presented as a couple socially.
This area benefits greatly from professional guidance. A qualified family lawyer can help you prepare the right evidence. You can also review the eligibility information directly on the Federal Circuit and Family Court of Australia website.
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What happens with children and property?
A divorce order says nothing about how children are cared for or how assets are divided. These are entirely separate legal processes, and many people are caught off guard by this distinction.
Parenting arrangements can be formalised through a parenting plan (a written agreement) or a consent order approved by the court. If you cannot agree, you may need to seek parenting orders through the court. The child's best interests are the paramount consideration under the Family Law Act. Property settlement should ideally be finalised before or around the time your divorce is granted, because there are time limits on applying for property orders. Once a divorce order takes effect, you generally have 12 months to apply for property settlement orders. Missing this deadline can significantly affect your entitlements.Seeking legal advice before these deadlines is strongly recommended. See our cost guide for an overview of what legal assistance might involve.
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Getting legal help and support
Not everyone needs a lawyer to apply for divorce, particularly in straightforward cases where both parties agree. However, legal advice is valuable if there are children involved, if the separation was contested, if there is a history of family violence, or if property and financial matters are unresolved.
If cost is a concern, Legal Aid services operate in every state and territory and may be able to assist with limited advice or representation depending on your eligibility. Community legal centres are another low-cost option.
To find a qualified family law solicitor, the Law Council of Australia's state and territory law societies and bar associations maintain registers of practising members. You can also browse our methodology to understand how we evaluate family law professionals in our directory.
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FAQ
Q: Can I apply for divorce if my spouse does not agree? Yes. As long as you have been separated for at least 12 months, you can apply as a sole applicant. Your spouse's agreement is not required. You must, however, properly serve the documents on them before the hearing. Q: Do I need to go to court in person? Not always. If there are no children under 18 and both parties have filed jointly, the matter is often decided on the papers without attendance. If there are children under 18, at least one applicant must appear at the hearing, which may be conducted by video link. Q: How long does a divorce take from application to order? The timeline varies depending on court availability and the complexity of your matter. After filing, the court sets a hearing date. Once the order is made, it takes effect one month and one day later. From lodgement to the order taking effect, the process typically takes several months, though this can vary. Q: What if I want to remarry after my divorce? You must wait until the divorce order has taken effect, which is one month and one day after it is made by the court. You will then need a divorce certificate, which you can obtain through the Commonwealth Courts Portal, as evidence that your marriage has legally ended.---
Sources
- Federal Circuit and Family Court of Australia - Family Law Act 1975 -- Australian legislation - National Legal Aid -- state and territory Legal Aid services - Law Council of Australia -- state and territory law societies and bar associations
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Information in this article is general only and not legal advice. Verify the details with the linked sources or an appropriately qualified Australian professional before relying on them.
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