Applying for divorce is the legal step that ends the marriage
Australia has a no-fault divorce system. You do not have to prove that either spouse caused the marriage to end. The Court needs to be satisfied that the marriage has broken down irretrievably and the legal requirements for divorce are met.
1. The basic requirements
Before applying, you generally need to establish that:
- you and your spouse are legally married;
- either you or your spouse have the required connection with Australia;
- you have been separated for at least 12 months immediately before filing; and
- there is no reasonable likelihood of resuming married life.
Separation can occur even if only one spouse decides the marriage is over, and it can sometimes continue while both people live in the same home.
2. Option 1 — sole application
A sole application is made by one spouse. You do not need your spouse’s permission to apply for divorce.
With a sole application, you generally need to:
- complete and file the Application for Divorce through the Commonwealth Courts Portal;
- pay the filing fee or apply for a reduced fee if eligible;
- formally serve the filed documents on your spouse;
- file evidence showing that service occurred; and
- provide any additional affidavit evidence required by your circumstances.
3. Option 2 — joint application
A joint application is filed by both spouses together. It can simplify the administrative process where both parties are willing to cooperate.
With a joint application:
- both spouses participate in the application;
- there is no requirement for one spouse to formally serve the other with the divorce application; and
- the application can proceed without the service steps required for a sole application.
A joint application does not mean you have agreed on property, parenting or maintenance. Those issues remain separate.
4. How to file
Check eligibility
Confirm the 12-month separation period, Australian jurisdiction and marriage documentation.
Create or use your Commonwealth Courts Portal account
Most divorce applications are completed and filed online through the Portal.
Complete the application
Provide the information required about the marriage, separation, children and other relevant circumstances.
Upload supporting documents
This generally includes your marriage certificate and any affidavits required for matters such as separation under one roof.
Pay the fee and file
The current standard filing fee is $1,170. A reduced $390 fee may apply if you qualify.
Serve your spouse if applying alone
A sole applicant must arrange service and file the required proof of service.
5. Service deadlines for a sole application
If your spouse is in Australia, the divorce documents must generally be served at least 28 days before the hearing. If your spouse is overseas, they generally need to be served at least 42 days before the hearing.
If you cannot locate your spouse or ordinary service is not possible, you may need to ask the Court for substituted service or dispensation of service.
6. What if you were separated under one roof?
If you lived together in the same residence during any part of the 12 months immediately before filing, additional affidavit evidence may be required to show that the marriage had in fact ended despite the shared address.
Kelly and Mark separated but continued living in the same house for financial reasons. They used separate bedrooms, changed how they managed household and financial arrangements, and told family or friends they had separated. Kelly later filed affidavit evidence explaining those circumstances with the divorce application.
7. What if there are children under 18?
The Court must be satisfied that proper arrangements have been made for the care, welfare and development of children of the marriage who are under 18.
The divorce application asks for information about matters such as living arrangements, schooling, health and financial support.
Since 10 June 2025, the fact that there are children under 18 does not by itself require a sole applicant to attend the divorce hearing.
8. Do I need to attend the hearing?
Most divorce applications can be dealt with without attendance. You may still choose to attend.
Attendance may be required in particular circumstances, including where a divorce is opposed or where you have filed an application concerning substituted service or dispensation of service. Where attendance is required, divorce hearings are conducted electronically.
9. What if you married overseas?
You can generally apply for divorce in Australia if one party satisfies the Australian eligibility criteria, the overseas marriage was legally solemnised according to the law of that country and a marriage certificate is produced.
If the marriage certificate is not in English, you will need an English translation and the required translator’s affidavit.
10. What happens after the divorce is granted?
A divorce order generally becomes final one month and one day after it is made, unless the Court orders otherwise.
Property and spousal maintenance
For married parties, applications for property settlement or spousal maintenance generally need to be commenced within 12 months after the divorce becomes final. Divorce itself does not divide your property or decide parenting arrangements.
Sole or joint — the legal test is the same
The difference is mainly in how the application is managed. A joint application can remove the service requirement, while a sole application allows one spouse to move forward even if the other does not cooperate.
Either way, the Court still needs to be satisfied that the legal requirements for divorce have been met.