Divorce in Australia: A Step-by-Step Guide
Going through a separation?
If you are considering applying for divorce in Australia or have received a Divorce Application from your former spouse, it is important to understand the process involved.
This guide breaks down the divorce process so you know exactly what to expect – from checking your eligibility to finalising your divorce order.
Key considerations:
- You must be separated for at least 12 months before applying for a Divorce in Australia
- Divorce in Australia does not finalise property, parenting, spousal maintenance or child support matters (which are separate matters)
- You can apply for Divorce in Australia alone (sole application) or together with your former spouse (joint application)
- Australia has a “no-fault” jurisdiction, meaning you do not need to prove who was at fault, only that the marriage has irretrievably broken down
STEP 1: AM I ELIGIBLE TO APPLY FOR A DIVORCE IN AUSTRALIA?
To apply for a divorce in Australia, you or your former spouse must meet one of the following:
- Consider Australia your home and plan to live here permanently;
- Be an Australian citizen (by birth, descent, or grant); or
- Have lived in Australia for the past 12 months.
You must also prove:
- You were legally married (by providing a Marriage Certificate);
- You have been separated for at least 12 months; and
- There is no reasonable chance of getting back together.
Important Time Limits
| Event | Time Limit |
| To apply for Divorce | You must wait 12 months from the date of separation |
| When your Divorce becomes final | 1 month and 1 day after the Court grants the Divorce |
| Time limit to commence property settlement proceedings | Must be commenced 12 months from the date the Divorce is final |
STEP 2: COMPLETING THE APPLICATION
What documents are required?
You will need to provide your Marriage Certificate when applying for a Divorce in Australia. If you do not have it, you can request a copy from the Registry of Births, Deaths and Marriages.
If you married overseas and your certificate is not in English, it must be translated and submitted with a certified affidavit.
If you do not have the certificate at all, you will need to provide an explanation to the Court in an Affidavit.
What if we still live together?
You can be considered “separated” even if living in the same house. The Court will look at matters such as:
- Whether you lived as separate households;
- Whether you slept in separate rooms;
- Whether you socialised or communicated like a couple;
- Your financial arrangements following separation; and
- Whether the emotional and practical parts of the relationship had ended.
You will likely need to provide evidence, such as an Affidavit from both parties and witnesses.
What if we have children under 18?
If you have children under 18, the Court must be satisfied proper care arrangements are in place. You’ll need to include details about:
- Living and contact arrangements;
- School and health details;
- Financial support arrangements.
What if we were married for less than two years?
Changes made to Australian Family Law in June 2025 state that parties to a short marriage of less than two years are no longer required to attend counselling before applying. You also no longer need to provide a certificate to the Court stating that you attended counselling before applying for Divorce in Australia.
If you have been served with a Divorce Application, it is important that you make sure all the details in the Application are correct, otherwise, you will need to file a Response to Divorce.
STEP 3: SERVICE OF DIVORCE APPLICATION
Joint applicants do not need to serve documents.
If you are a sole applicant, you will need to serve the application on your former spouse. This can be done:
- By hand – requires an Affidavit of Service and Acknowledgement of Service.
- By post – requires an Affidavit of Service by Post and proof your former spouse signed for it.
If you are unable to serve your former spouse directly, you may apply for substituted service or ask the Court to waive the requirement (known as dispensing with service).
STEP 4: COURT ATTENDANCE
Joint applicants are not required to attend Court.
As of 10 June 2025, sole applicants are no longer required to attend Court for divorce applications, even where there are children to the marriage under the age of 18 years. This is provided that your former partner does not object to your Application for Divorce.
STEP 5: YOUR DIVORCE TAKING EFFECT
Your divorce becomes final and takes effect one month and one day after the order is made, with the order being made at the date of the Hearing. You will be able to download the divorce order from the Commonwealth Courts Portal once your divorce has taken effect.
NEED HELP APPLYING FOR DIVORCE IN AUSTRALIA?
Our experienced family law team can help you:
- Prepare and lodge your divorce application
- Serve documents on your former spouse
- Navigate complex situations like separation under one roof or short marriages
Contact us today for confidential advice and support.
The blog published by Rostron Carlyle Rojas is intended as general information only and is not legal advice on any subject matter. By viewing the blog posts, the reader understands there is no solicitor-client relationship between the reader and the blog published. The blog should not be used as a substitute for legal advice from a legal practitioner, and readers are urged to consult RCR on any legal queries concerning a specific situation.
