Everything You Need to Know About Filing for Divorce in Australia
Filing for divorce in Australia can feel overwhelming, particularly if you’re not sure where to start or which forms you need. The good news is that the process is generally straightforward once you understand the steps. In this guide, we’ll walk you through how to file for divorce in Australia. With clear guidance, you can move through each stage at your own pace, from checking that you’re eligible to lodging your application online, so you feel supported and confident along the way.
If your marriage broke up, you might not be in the best place right now. This guide will compassionately walk you through the process in practical, easy-to-follow steps, including where to apply, how to gather all your documents, and what to expect as your application progresses. It also explains key eligibility rules, the different application options, and likely costs upfront, so you can make informed choices with fewer surprises.
Disclaimer: This blog is for general informational purposes only and is not meant to substitute legal advice. It should not be relied upon as a substitute for advice tailored to your divorce circumstances. For further information, consult a qualified divorce lawyer in your area who can assess your situation and provide guidance – 02 8378 8585
Here are the 10 steps that we’ll cover more as we go through the specifics in the next sections:
- Separate from Your Spouse
- Register for the Commonwealth Courts Portal
- Prepare Your Required Documents
- Decide Between Sole or Joint Application
- Complete the Online Divorce Application
- Upload Supporting Documents
- Lock Application and Print for Signing
- Upload Signed Affidavit and Pay Filing Fee
- Serve the Divorce Papers (Sole Applications Only)
- Attend Hearing (If Required) and Receive Your Divorce Order
Understanding Divorce in Australia: Key Requirements
You must meet certain legal and residency conditions before a court will let you get a divorce in Australia. The process focuses on proof that your marriage has broken down permanently and that legal rules under the Family Law Act 1975 are satisfied.
What Are the Legal Requirements for Divorce in Australia?
To apply for divorce online, you must show that your marriage has broken irretrievably. The law requires you and your spouse to live separately for at least 12 months and 1 day before submitting an application. You can still meet the separation requirement if you were separated but living under one roof, but you’ll need evidence showing you were living separately and apart during that time (often by affidavit evidence). The Court does not consider why the marriage ended (no-fault divorce).
You can apply for divorce in Australia if either you or your spouse: (a) is an Australian citizen; or (b) regards Australia as home and intends to live here indefinitely; or (c) ordinarily lives in Australia and has done so for 12 months immediately before filing. You also need a valid marriage certificate translated into English if it was issued overseas.
Applications are lodged online through the Commonwealth Courts Portal, and you can file solely or jointly with your spouse. If there are children under 18, the Court must consider the arrangements for their care, welfare and development, and must be satisfied that proper arrangements have been made or that there are circumstances why the divorce should proceed, even if the Court is not satisfied that those arrangements have been made.
Note: If you are in Western Australia, divorce applications are handled through the Family Court of Western Australia, which has different processes.
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Before You Begin Filing For Divorce – Essential Eligibility Checks
Confirm your legal right to apply and make sure your supporting documents meet the Family Law Act 1975 requirements. Careful preparation early on helps prevent delays and ensures your own divorce application is accepted the first time you file.
Are You Eligible to Apply for Divorce in Australia?
To qualify, you must show that your marriage has broken down irretrievably. You state your separation details in the Application. You’re generally not required to provide evidence of the separation date at the time of filing, but you may need affidavit evidence later if the separation date is disputed, or if you were separated under one roof.
You may qualify even if you lived under the same roof during that time, but you’ll need extra evidence of separation, such as separate finances or statements from witnesses.
You or your spouse must also satisfy jurisdictional criteria. At least one of you must:
- Regard Australia as your permanent home and intend to live here indefinitely, or
- Be an Australian citizen by birth, descent, or grant of citizenship, or
- Ordinarily live in Australia and have done so for at least 12 months before filing.
From 10 June 2025, no applicants need to attend counselling or obtain a court waiver, regardless of marriage length. Meeting all these requirements ensures the Court has the authority to process your application.
Do You Have All Required Documents?
You will need several key documents before lodging your application. The most important thing is your marriage certificate. If it’s not in English, you must provide a certified translation and an affidavit explaining the contents from the translator.
If you were married overseas and the marriage is recognised under Australian law, you can still apply, provided you meet the residency conditions. When filing electronically through the Commonwealth Courts Portal, make sure each document is clear, complete, and correctly uploaded.
Additional documents may include:
- Proof of Australian citizenship or residency
- Evidence of separation (if living under the same roof)
- Any previous Court orders relating to your marriage or children
Double-check that names, dates, and details match your identification records. Proper documentation reduces the risk of processing delays or requests for more information.
Filing For Divorce in Australia – Application Types and Costs
Divorce in Australia can be filed either individually or jointly, and each option affects both costs and the process. “Court fees are set by Federal Government regulations (not by the Court) and can change (often from 1 July), so knowing the current rates and eligibility for fee reductions helps you budget accurately.
Sole vs Joint Application: Which Should You Choose?
You can apply for divorce as a sole applicant or a joint applicant. In a sole application, one person files the paperwork and serves the application on the other party. This option is common when communication is limited or when one spouse does not agree to apply jointly. The Court requires proof of service to ensure the other person is notified properly.
A joint application is filed together by both parties. This option usually simplifies the process because you both sign and provide the required information upfront. There is no need for service in this case, and it typically involves fewer procedural delays.
When deciding, consider your relationship with your ex-partner and your ability to cooperate. If you can communicate respectfully, a joint application can save time and reduce administrative effort. However, if communication is strained or you are unsure of your spouse’s cooperation, filing a sole application may provide more control over the process.
How Much Does It Cost to File for Divorce in Australia?
The Court filing fee for an Application for Divorce is $1,125 (standard) or $375 (reduced), effective 1 July 2025. Fees can change, so check the Court’s current fee schedule before lodging. These fees are set by government regulation and updated periodically.
You may also incur extra costs such as service fees (for sole applications), document preparation, or legal advice. Most applicants handle the process online, which helps avoid additional administrative charges.
Here’s a quick reference:
| Type of Cost | Approximate Amount (AUD) | Applicable To |
| Filing Fee | $1,125 | All applications |
| Reduced Fee | $375 | Eligible individuals |
| Service Fee (if required) | $50–$150 | Sole applications |
| Legal or administrative support | Varies | Optional |
You pay the filing fee when submitting your application through the Commonwealth Courts Portal. If you think you were entitled to a fee reduction or exemption at the time you paid the fee (but paid the full fee), you may be able to request a refund by lodging the Court’s refund request form with supporting material.
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Understanding Divorce in Australia: Key Requirements
Step 1: Separate from Your Spouse
You must be separated from your spouse for at least 12 months and 1 day before you can sign and file an Application for Divorce.. Separation means that your marriage has broken down permanently, and there is no reasonable chance of reconciliation.
You can be separated even if you still live in the same home. This is known as being separated under one roof. In that situation, you need to show that you live separate lives, such as sleeping in different rooms, managing your own finances, and not presenting yourselves as a couple.
The 12-month period must be continuous, though a single trial reconciliation of up to 3 months does not necessarily restart the separation period, but the time you live together during that reconciliation is not counted as part of the separation period.
It’s important to record the date of separation clearly. You may need to provide this information in your divorce application, along with evidence if you were separated under one roof.
Step 2: Register for the Commonwealth Courts Portal
You need to go through the registration process on the Commonwealth Courts Portal before you can file your divorce application online. The portal provides secure access to your case information and allows you to lodge and view court documents electronically.
To start the divorce process online, you’ll need a Commonwealth Courts Portal account on the Court’s secure Australia website. Register for the Commonwealth Courts Portal by creating an account with your email address and setting a username and password, then follow the prompts to verify/activate your account.
Once registered, confirm your email address to activate your account. After logging in, you can link your existing court files or start a new one if you haven’t filed before. Keep your username and password secure, as the portal contains sensitive legal information.
If you have trouble registering, contact the court’s support team through the online enquiry form. You may need to provide your file or client number if you already have a case with the court. Registering correctly at this stage ensures smoother access when you move on to preparing and lodging your divorce documents. If you prefer visual guidance, look for official help resources and how-to videos (where available) to reduce mistakes during setup and filing.
Step 3: Prepare Your Required Documents
Gather the necessary paperwork before starting your application. You will need your official marriage certificate, which proves the legal existence of your marriage. If it is not in English, you must provide a certified translation.
If you have been separated while still living together, include evidence showing you led separate lives under one roof. This may include statements from friends or relatives who can confirm your living arrangements. Be ready to provide proof of jurisdiction if needed (for example, an Australian passport or citizenship evidence, VEVO status check, or other documents showing you meet the Court’s criteria).
For couples with children under the age of 18, you must detail current living arrangements, care responsibilities, and financial support provided. These details help the Court ensure that proper arrangements are in place.
Keep copies of all documents for your records. Having everything ready before logging into the Commonwealth Courts Portal will make the process faster and reduce the chance of delays in your application.
Step 4: Decide Between Sole or Joint Application
You need to choose whether to apply for divorce on your own or together with your spouse. This decision affects how you complete and submit your documents, and how the court processes your application.
A joint application is usually simpler when both of you agree to end the marriage. You both sign the forms and don’t need to serve documents on each other. This option can reduce delays and may avoid the need to attend a hearing.
If you apply on your own, it’s called a sole application. You are responsible for serving the divorce papers on your spouse after filing. Service must follow strict rules; someone else must hand-deliver or post the documents within the time limits set by the court.
Choose the approach that best fits your circumstances. Joint applications often work well when there’s cooperation, while sole applications are necessary when your spouse can’t or won’t take part in the process.
Step 5: Complete the Online Divorce Application
You complete your divorce application through the Commonwealth Courts Portal, the official platform for filing in Australia. This online form asks for details about you, your spouse, your marriage, and your separation. Make sure all information is accurate and consistent with your supporting documents.
When completing your application, expect to work through clear eligibility criteria and provide details that the system relies on for processing. This usually includes your separation date (and any short reconciliation periods), plus address details (including your residential address and, where relevant, an address for service such as your spouse’s address).
Before submission, review every section carefully. Once the application is lodged, you’ll pay the filing fee online and receive a confirmation notice. The Commonwealth Courts Portal will then let you track your application status and access any court documents electronically.
If your eligibility is based on residency or citizenship, have supporting documents ready (for example, a citizenship certificate if applicable), and ensure that what you upload matches what you type; small discrepancies can create delays during review.
Practical tip: during the year prior to filing, keep simple records that support your timeline (messages, change-of-address updates, separate finances), particularly if separation “under one roof” could be questioned later.
If You’re Filing Alone
If you file as only you (a sole application), the Portal will still require details about the other partner (your spouse). If you don’t know certain answers, you can enter “not known” in some guidance notes, but missing information can affect whether the court accepts the application, so provide what you reasonably can during the entire process.
Sole applications also bring additional steps around service, including filing evidence of service. If the spouse’s location is uncertain, you may need extra documentation and/or written submissions (for example, material explaining the attempts you’ve made and why an alternative service is sought).
Step 6: Upload Supporting Documents
You need to upload the required supporting documents through the Commonwealth Courts Portal once your divorce application is complete. Supporting documents commonly include your marriage certificate (and, if applicable, an affidavit of translation), any required affidavits (for example, separated under one roof), and, where relevant, documents supporting eligibility to apply (for example, citizenship/residency/visa evidence).
Ensure that each document is clear, legible, and properly labelled before uploading. The Court may reject files that are incomplete or difficult to read, which can delay your application. Keep the documents in PDF format to meet court submission standards.
After uploading, check that all files have successfully appeared in the portal under your case. It’s important to confirm this step before submitting, as missing information may result in a resubmission request. You can update or replace documents before final lodgement if needed.
If the Court later requests extra materials, you can upload them to the same portal. Monitor your account and email notifications for any updates from the registry to ensure your application continues to progress without interruption.
Step 7: Lock Application and Print for Signing
After you have completed your divorce application on the Commonwealth Courts Portal, you must lock it before signing. Locking the application finalises the contents and prevents any further editing. This step ensures the Court receives an accurate, unaltered version of your submission.
After you lodge, the registry may perform checks and application-verifying processes to confirm identity, file linking, and whether the required information is complete. If you need help linking to an existing file, the Court’s Portal support process may ask for identifying details (including the other party’s name) to verify you.
Once locked, download and print the complete application. Review each page carefully to confirm every detail, including names, addresses, and marriage information, is correct. If you find an error after locking, you may need to start a new application to make changes.
You and your spouse, if filing jointly, must sign the printed copy as instructed. Your signature confirms the information provided is true and that the application is ready for filing. Keep a copy of the signed document for your records before you proceed to upload or lodge it through the Portal.
Step 8: Upload Signed Affidavit and Pay Filing Fee
After you have signed your Affidavit for eFiling Application (Divorce) before a Justice of the Peace (JP) or a lawyer, you need to scan and upload it to the Commonwealth Courts Portal. Make sure the scanned copy is clear, complete, and includes all required signatures.
Log in to your account, locate your divorce application, and attach the Affidavit in the designated section. Check that each uploaded file is in an accepted format and under the maximum file size limit. Take a moment to confirm that all documents appear correctly before proceeding.
Once your documents are uploaded, you will be prompted to pay the filing fee. As at 1 July 2025, the filing fee for an Application for Divorce is $1,125 (standard) or $375 (reduced). Fees can change, so check the Court’s current fee schedule before lodging. If you file a joint application, both parties must be eligible for the reduced fee. Payment can usually be made online through the Portal using a credit or debit card.
Keep a record of the payment receipt for your reference. Your application will not progress until the court receives both the uploaded Affidavit and the full filing fee.
Step 9: Serve the Divorce Papers (Sole Applications Only)
If you filed a sole application for divorce, you must serve the application and supporting documents on your spouse. This means delivering the papers to them so they are formally notified of the proceedings. You cannot serve the documents yourself.
If your spouse is in Australia, they must receive the documents at least 28 days before the court date for the hearing. If they are overseas, you must allow at least 42 days. These time frames ensure they have enough time to respond. You can arrange service through a friend, relative aged over 18, or a professional process server. The person who serves the papers must then complete an Affidavit of Service to confirm legal delivery.
If you cannot locate your spouse, you may apply to the court for substituted service or a dispensation of service. The court will decide whether your efforts to find and notify your spouse are reasonable.
Keep copies of all forms and proof of service, as these will be required when the court reviews your application.
Step 10: Attend Hearing (If Required) and Receive Your Divorce Order
Divorce hearings are conducted electronically (usually by phone). Attendance is generally not required unless a Response opposing the divorce is filed, you choose to attend, or the Court directs attendance (including where substituted service/dispensation of service is being considered).
During the hearing, the Registrar reviews the application and confirms that the legal requirements for divorce are met, including the minimum separation period of 12 months and 1 day. You may be asked brief questions to confirm details about the separation, children, or arrangements made.
If everything is in order, the court grants the divorce order, which becomes final one month and one day later. You will then receive an electronic copy through the Commonwealth Courts Portal. Keep this document safely, as it serves as official proof that your marriage has legally ended in Australia.
Things to Keep in Mind
On representation: some couples choose to use the same lawyer for administrative efficiency in an amicable matter, but conflict-of-interest rules can limit what a single practitioner can do for both parties, so this is typically handled carefully (often with one party represented and the other getting independent advice).
Finally, make it explicit in the content that divorce is not the entire process of ending the legal relationship: divorce itself does not automatically resolve finances. If you need financial or property orders, those are dealt with separately from the divorce application.
Ready to File for Divorce? Your Fresh Start Begins Here
You’ve reached the point where you’re prepared to formalise your separation. Filing for divorce in Australia involves submitting an online application through the Commonwealth Courts Portal. This secure site lets you upload documents, pay fees, and track your case without visiting a court in person.
Before you begin, gather essential information such as your marriage certificate, the date you separated (you must have been separated for 12 months and 1 day or longer), and details of any children from the relationship. You’re not usually required to provide evidence of the separation date at the time of filing, but you may need affidavit evidence later if the separation date is disputed or if you were separated under one roof.
Once submitted, the Court reviews your application and sets a hearing date if required. Most divorces proceed without a court appearance, especially if you have no children under 18. Keep an eye on the Portal for updates and official notices.
When the Court grants your divorce order, it becomes final one month and one day after the hearing. From that date, you’re legally divorced and free to take your next steps with clarity and independence.
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