How to Apply for Divorce in Australia

In Australia, divorce is the legal end of a marriage. You don’t need to prove fault—just that the marriage has broken down and there’s no chance of getting back together. This is called a no-fault divorce.

Applying for divorce is often the first legal step after separation—but it’s not the only one. You may also need to sort out property, money, or parenting separately.

Here’s how divorce works, step by step, including what your options are, and how to get started.

The Legal Requirement: 12 Months Separation

Before you can apply for divorce, you must be separated for at least 12 months. That’s the law in Australia—even if both of you agree the marriage is over.

You can still live in the same house during that time (called “separation under one roof”), but you’ll need to show the court that the relationship truly ended.

Example
Kelly and Mark separated in June 2023 but kept living in the same house for financial reasons. They slept in separate rooms and led separate lives. In July 2024, Kelly applied for divorce, including evidence that they’d been separated under one roof.

Option 1: Apply for Divorce Yourself (Sole Application)

You can apply for divorce on your own, even if your ex doesn’t agree or want to be involved. This is called a sole application.

You’ll need to:

• Complete the online application form

• Pay the court fee (about $1,000, or apply for a fee reduction if eligible)

• Serve a copy of the application on your ex at least 28 days before the hearing

• Provide a sworn affidavit if needed (especially for separation under one roof)

The court will notify you of a hearing date, and if everything’s in order, your divorce will be final one month and one day after the hearing.

Option 2: Apply Together (Joint Application)

If you and your ex are on good terms, you can apply together. This is a joint application, and it’s usually faster and easier.

In this case

• There’s no need to serve documents

• You may not need to attend court

• You both sign the application and agree to the terms

It’s a straightforward option when both parties agree the marriage is over and want to move on without dispute.

What the Court Looks At

The court will check:

• That you were legally married

• That you’ve been separated for at least 12 months

• That proper arrangements are in place for any children under 18

The court won’t divide property or make parenting decisions as part of the divorce. Those are separate applications, even if they happen around the same time.

What If You Married Overseas?

You can still apply for divorce in Australia if:

• You or your ex are Australian citizens or permanent residents

• You live in Australia and consider it your home

• You have a copy of your marriage certificate (translated if not in English)

Example
Fatima and her husband married in Lebanon. They later moved to Sydney. When they separated, Fatima applied for divorce in Australia. She included an official translation of her marriage certificate and confirmed her residency status.

Where to Apply

All divorce applications are now handled online through the Federal Circuit and Family Court of Australia (FCFCOA) website. You’ll need:

• An account with the Commonwealth Courts Portal

• Your marriage certificate

• Proof of separation, if applicable

You can upload documents, pay fees, and track your case entirely online.

What Happens After the Divorce Is Final?

Once the court grants your divorce:

• You’ll receive a divorce order one month and one day later

• You then have 12 months to apply for property or spousal maintenance

• If you miss that window, you’ll need special permission to apply later

So it’s a good idea to get legal advice early and make sure you’re not missing other deadlines.