How to File a Divorce in Australia (2026)
Check eligibility (12 months separation, residency, valid marriage).
Gather documents (marriage certificate, proof of separation).
Apply online via the Commonwealth Courts Portal.
Serve papers if sole application.
Court finalises divorce one month after hearing.
There’s a set process everyone needs to go through to get a divorce in Australia. Our guide sets out the five simple steps you need to take. This can help you ensure you don’t miss any details so you can avoid delays.
What is a divorce?
A divorce legally ends a marriage. This allows the former spouses to remarry. You can pursue a divorce alone or jointly. All divorces are handled by the Federal Circuit and Family Court of Australia.
There’s a lot that needs to be taken care of after a marriage breakdown. A divorce just ends the marriage. Arrangements for children and property have to be handled separately. You can agree to how these matters are handled, or get a court order to settle disagreements.
5 Simple Steps on How to File a Divorce in Australia
Step 1: Check Your Eligibility to make an application for divorce
Before you apply for a divorce, you should ensure that you are eligible. This is especially crucial if you are married overseas. Here are some considerations.
Marriage validity
Most marriages legally recognised by an official foreign authority will be valid in Australia. Valid marriages include factors such as:
The parties are both at least 18.
The parties aren’t currently married.
The parties aren’t closely related.
Neither party is being forced or coerced.
Separation period
Before getting a divorce, couples must demonstrate that they have been separated for at least 12 months before their application. This requirement reflects Australia’s no-fault divorce policy. The only reason needed for a divorce is the understanding of at least one party that the marriage broke down irretrievably.
Residency requirements
Couples married overseas may need to consider the residency requirements of an Australian divorce. They are as follows:
Australian Citizenship
Either party must be an Australian citizen by birth, descent (having an Australian parent), or by grant of Australian citizenship.Ordinary Residence
Alternatively, either party must ordinarily reside in Australia. This means living in Australia on a regular and consistent basis.Residency Duration
One party must have been living in Australia for at least 12 months immediately before filing the divorce application.Intention to Reside Indefinitely
A party must show an intention to reside in Australia indefinitely. This can be demonstrated through employment or owning property.
Marriages of less than two years
There is a unique requirement for ending a marriage lasting less than two years. Before filing for a divorce, the couple must:
Attend Counselling
The couple is required to attend a counselling session to discuss reconciliation. Counselling explores whether the marriage can be salvaged or if the decision to divorce is final.Provide a Counselling Certificate
The couple must provide a certificate from a qualified counsellor when filing for divorce. This certificate confirms that the couple has considered reconciliation with the help of a counsellor. The couple must explain why counselling was impossible if it was not attended.
Step 2: Gather Required Divorce Documents
The simplest way to show you have separated is to begin living at different addresses. You might also point to factors, such as:
Separating your finances.
Maintaining different social circles.
Informing family and friends of the separation.
Notifying government agencies like Centrelink.
Marriage certificate
You must include your marriage certificate in your divorce application in Australia. If you can’t find your marriage certificate, you can request a replacement from the Registry of Births, Deaths and Marriages. The current fee for a replacement is $56.20.
Marriage certificate translation
If your marriage certificate is in a language other than English, you must get the marriage certificate translated. The translation must be provided by a translator accredited by the National Accreditation Authority for Translators and Interpreters (NAATI).
When the translator provides the translated certificate, they must include an Affidavit Translation of Marriage Certificate. This affidavit sets out their qualifications to make the translation.
Counselling certificate
If you were married for less than two years, you must include a counselling certificate with your application. This certificate acknowledges that you underwent the mandatory marriage counselling before applying for divorce.
Documenting your separation
There’s a lot of ways to document a separation, including:
Affidavit from the parties
An affidavit from the parties stating the separation date and detailing the circumstances of living separately. The spouses may need to fill out an affidavit explaining their circumstances if they’re ‘separated under one roof’.Affidavits from Friends or Family
Statements from third parties about their observations of your living arrangements and social activities.Evidence of Separate Lives
Show evidence of how you are living your lives separately. This could include evidence of separate finances. How are domestic duties handled? Do you maintain independent social circles?Correspondence
When you discuss your separation with your spouse, it’s good to get written documentation. Communicating through email can be helpful. Social media posts and texts can also be important.Legal Documents
Any legal agreements or documents drawn up during the separation period. This could include financial agreements or parenting plans.
Proof of residency
If you were married overseas, you may need to provide evidence of your citizenship or residency. This may include:
An Australian passport.
A Visa Entitlement Verification Online check.
Australian Citizenship Certificate.
The Court may also require you to provide evidence that you have made Australia your primary place of residence for the foreseeable future, including:
Details of employment.
Rental agreements or mortgage documents.
School/University enrolment documents.
Tax returns.
Government correspondence sent to your Australian address.
Step 3: File the application
Once you have verified your eligibility, satisfied the separation requirement and gathered the necessary documents, you can now file your application. It is recommended to file for divorce through the Court’s online form. The basic process is as follows:
Register an account on the Commonwealth Courts Portal and start a new court file.
Select the ‘Application for Divorce’ option.
Complete the application form.
Upload all necessary supporting documentation.
Print out the application.
If you’re filing a joint application, both parties must sign the Affidavit for eFiling before a justice of the peace.
Download the brochure Marriage, Families and Separation.
Submit the application and pay the filing fee ($1125 as of 1 July 2025).
Select a court date for a divorce hearing. Joint applicants aren’t required to attend the hearing.
Step 4: Serve the divorce documents (for sole applicants only)
Sole applicants must serve documents on their ex-partner. The documents you must serve are the following:
A sealed copy of the Application for divorce with an attached notice of application for divorce.
A sealed copy of the Affidavit for eFiling.
A copy of the Marriage, families and Separation brochure.
An Acknowledgment of Service (Divorce).
A letter requesting your spouse sign Part C of the Acknowledgment of Service (Divorce) and send it back to you. The letter should advise your spouse to keep a copy of the divorce application.
A stamped and self-addressed envelope your spouse can use to return the Acknowledgment of Service (Divorce).
For more information, read our blog:
Service methods
The most common method is service by a third party who is over 18. This may be:
A family member, friend or colleague.
A professional process server.
If you trust that your spouse will sign the Acknowledgment of Service (Divorce) and return it to you, serving the documents through the post may also be possible. You may also serve your spouse’s lawyer if they accept it.
What if you can't locate your spouse?
You may have trouble locating your spouse and cannot serve the documents. You may apply to the Court for substituted service. This allows you to serve a third party you’re confident will bring the divorce application to your spouse’s attention. A third party may be your spouse’s family members, friends or colleagues. The Court must be satisfied that you made all reasonable attempts to serve your spouse.
If you can prove to the Court that you have made all reasonable attempts to serve your spouse, you may be granted dispensation of service. This waives the service requirement and allows you to proceed with your application.
Step 5: Finalise Your Divorce Order in Australia
Once you’ve completed an application for divorce, the divorce order will come into effect one month and one day after the Court accepts the application. If necessary, the Court may request additional information before granting the order. You’ll be able to access your divorce order from the Commonwealth Courts Portal.
Do I need to attend court?
There are circumstances when a sole applicant may be required to attend a court hearing. Attendance is necessary in the following situations:
The sole applicant has a child of the marriage who is under 18 at the time of the application. The Court wants to know that proper arrangements have been made.
The applicant indicated they wished to attend.
The respondent opposed the divorce application with a Response to a Divorce.
You may also need to attend if you have applied for substituted service or dispensation of service unless advised otherwise by the Court.
While not required, it’s advisable to attend the divorce hearing if you have to provide additional information on circumstances, such as:
Separation under one roof.
Ending a marriage of less than two years.
How can you deal with court fees?
Currently, the filing fee for a divorce is $1125. Some people have trouble affording the filing fees associated with divorce. The cost of a divorce application cannot be waived, but you may be able to get a reduced fee of $375. You must pass a three-part financial hardship test to get a fee reduction.
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Conclusion
Getting a divorce in Australia doesn’t have to be complicated. There’s a set of straightforward steps to take. Start with your eligibility and make sure you have all the necessary documents. Once you’ve completed the online application, serve your spouse if you’re a sole applicant. If everything’s in order, the divorce will be official after one month.
Our guide can walk you through the process. But personalised legal advice from a divorce lawyer Brisbane is always recommended for your unique situation.
Frequently Asked Questions: How to File a Divorce in Australia (2026)
If all goes well, a divorce should take around 3 or 4 months from when you begin the application. That includes the one-month waiting period before the divorce order is made available. You may face some delays because of issues like:
Missing paperwork.
Improperly witnessed signatures.
Incorrect service.
To file a divorce in Australia, you will need:
Your marriage certificate (with a NAATI-accredited translation if not in English).
Proof of Australian citizenship or residency.
Evidence of separation.
A counselling certificate if your marriage lasted less than two years. Additional documents may be required if your circumstances are complex.
Electronic filing is by far the most common method of divorce application. The Commonwealth Courts Portal is a secure system where you can fill out the application with supporting documents and pay the filing fee.
The divorce fee is currently $1125. If you need financial support, you can get the fee reduced to $375. Fee reductions are available for people who pass the financial hardship tests or have a relevant government concession card.
Not being able to contact your spouse doesn't preclude you from getting a divorce. You must make reasonable efforts to serve the divorce papers. If you can't serve them, you can apply to the court for substituted service or for dispensation of service. You'll need to show that you made reasonable attempts to contact your spouse.
You absolutely can. However, there is a separate process for those issues. If you have an agreement, you can apply for consent orders. If there's a dispute you can't resolve, you can apply for a court order. There is a deadline for getting property orders. Married couples have one year from the date their divorce is granted to settle property matters. De facto couples have two years from their separation date.
You don't need a lawyer. However, a professional may help you assess the eligibility criteria and assist with court documents. Also, legal advice can be important if you are organising care arrangements and working out complex property matters.
