What you need to know and how to apply
Getting divorced in Australia is usually an administrative legal process, but there are important eligibility, service and evidence requirements. This guide explains the main steps in plain English.
What is divorce?
A divorce order legally ends a marriage. It does not automatically divide property, determine parenting arrangements, deal with child support or decide spousal maintenance.
You may apply even if your spouse does not want the divorce, provided the legal requirements are met.
No-fault divorce in Australia
Australia has a no-fault divorce system. The Court is not asked to decide who was responsible for the marriage ending.
The legal ground is that the marriage has broken down irretrievably. This is established when the Court is satisfied the parties have been separated for at least 12 months immediately before the application and there is no reasonable likelihood they will resume married life.
Can I apply for divorce in Australia?
Generally, either you or your spouse must have a sufficient connection with Australia. This can include:
- being an Australian citizen;
- regarding Australia as your home and intending to live here indefinitely; or
- ordinarily living in Australia and having done so for at least 12 months immediately before filing.
You will also generally need a copy of your marriage certificate. Additional documents can be required if it is not in English or cannot be obtained.
The 12-month separation rule
You must generally have been separated for at least 12 months immediately before filing your divorce application.
Separation can begin even if only one spouse decides the marriage is over. You do not need the other person's agreement to separate.
Lisa and Mark decide their marriage is over but remain in the same home for financial reasons. They begin living separate lives and make their separation known to family or friends. Their time under one roof can still form part of the required separation period, but they may need to provide additional evidence to the Court.
How to apply for divorce
Applications are made through the Federal Circuit and Family Court of Australia. You can make:
- a joint application with your spouse; or
- a sole application on your own.
If you make a sole application, you generally need to arrange formal service of the application on your spouse. You cannot personally serve the divorce documents yourself.
Divorce in Australia — step by step
Separate
Record the date the relationship ended and begin the required 12-month separation period.
Prepare your documents
Have your marriage certificate and any additional evidence needed for circumstances such as separation under one roof.
File the application
Apply through the Commonwealth Courts Portal and pay the filing fee, or apply for a reduced fee if eligible.
Serve your spouse if applying alone
A sole application generally needs to be formally served within the required timeframe.
Hearing, if required
Most divorce applications do not require attendance. Attendance is required in certain cases, such as some opposed applications or applications concerning substituted or dispensed service.
Divorce becomes final
If granted, the divorce usually becomes final one month and one day after the divorce order is made, unless the Court orders otherwise.
Do I have to attend a divorce hearing?
Not necessarily. Most applications can be dealt with without the parties attending.
Attendance may be required or advisable in particular circumstances, including where a divorce is opposed, where you seek substituted service or dispensation of service, or where the Court needs additional information.
Having children under 18 does not by itself require a sole applicant to attend. Where a divorce hearing is attended, it is conducted electronically.
What happens after the divorce is granted?
In most cases, the divorce order becomes final one month and one day after it is made. You must not remarry before the divorce is final.
Property and spousal maintenance
Once a divorce is final, married parties generally have 12 months to commence proceedings for property settlement or spousal maintenance. If you miss the deadline, you generally need the Court's permission to proceed.
Before you file — quick checklist
- Have you been separated for at least 12 months?
- Do you have your marriage certificate?
- Do you or your spouse satisfy the Australian eligibility requirements?
- Will this be a sole application or a joint application?
- If you lived under one roof, have you prepared the additional evidence?
- If filing alone, do you understand the service requirements?
- Have you considered any separate property, parenting or maintenance issues and relevant deadlines?
Understanding the process
Divorce can feel overwhelming, particularly when property, parenting or financial issues are happening at the same time. Aussie Divorce explains the process in straightforward language so you can understand the questions to ask and the steps that may come next.