Wondering how to get a divorce in Australia? This process can be complex, bringing many legal requirements, intricate documents and emotional challenges with it.

Therefore, whether you are an Australian citizen, married overseas, or living in Australia, knowing your rights and responsibilities is crucial.

With over 160 years of combined experience in Family Law, our trusted family lawyers are here to help. In this article, we share a clear guide to navigating the process confidently.

Keep reading to learn the fundamentals of applying for divorce in Australia, from separation to obtaining a divorce order.

What is a divorce vs separation?

Divorce legally terminates a marriage, whereas separation marks the end of a relationship without formal legal acknowledgment. It does not require court approval, and couples may remain under the same roof while separated.

Under Australian law, divorce is granted only if the marriage has irretrievably broken down, as defined in Part VI of the Family Law Act 1975 (Cth). To file for divorce in Australia, a couple must be separated for a minimum of 12 months and one day.

Who can apply for divorce?

In Australia, anyone can apply for a divorce if they meet criteria that include:

• You or your spouse are an Australian citizen, ordinarily live in Australia, or have lived in Australia for at least 12 months before filing.
• You have been separated for at least 12 months.
• You can provide evidence that the marriage has irretrievably broken down.
• Proof of the marriage’s validity is required, typically by providing a copy of the marriage certificate as evidence.
• For marriages lasting less than two years, you can supply a certificate from a counsellor indicating that reconciliation was attempted.
• However, counselling may not be required in situations involving domestic violence.

Importantly, divorce in Australia operates under a “no-fault” system, meaning there is no requirement to demonstrate that either spouse was at fault or caused the breakdown of the marriage. This approach was implemented to reduce conflict and create a less adversarial process for separating couples.

Applications for divorce can be filed individually or as a joint application and specific legal obligations must be fulfilled if children under 18 are involved.

Read on to learn more about how to get a divorce in Australia.

The divorce process: how to get a divorce in Australia

1. Separate for sufficient time

Before you can apply for a divorce, you and your spouse must be separated for 12 months and one day. Separation means living apart with the intention to end the marriage permanently.

It is possible to live under the same roof during this time, but you will need to provide evidence of separation, such as changes to financial arrangements or written communications outlining the separation.

If your marriage lasted less than one year before separation, Australian law requires both you and your ex-partner to attend counselling. This step demonstrates that you have made an effort to explore reconciliation before proceeding with a divorce. After the session, the counsellor will provide a Counselling Certificate as evidence of your participation.

In certain situations, such as cases involving exceptional circumstances that make counselling impractical or unsuitable, you can request the Court to waive this requirement.

2. Seek professional legal support

Engaging a qualified family lawyer ensures the divorce process is correctly prepared and filed with the Federal Circuit and Family Court of Australia. We can help prepare the necessary paperwork, advise on your rights and responsibilities, and address complex issues like property settlements and parenting arrangements.

This legal support is particularly valuable if disputes arise, as it helps protect your interests and streamline the process.

3. Agree on property settlement

While divorce legally ends the marriage, it does not automatically divide property or financial assets.

Therefore, it is essential to reach an agreement on how property, debts, and superannuation will be divided. Once you and your ex-partner decide to separate, you can begin discussing how to divide your financial assets, debts, and ongoing financial responsibilities (excluding child support, which is addressed separately).

This property settlement can be made through negotiation, mediation, collaboration, and litigation. Formalising these agreements via Consent Orders or a Binding Financial Agreement will ensure terms are legally enforceable, helping to prevent future disputes.

If you and your ex-partner can work together amicably, a financial settlement can often be finalised within weeks. However, in cases where conflict arises and court intervention is necessary, resolving financial matters may take several years.

Lengthy disputes and extensive legal involvement can significantly reduce the remaining assets available for you, your ex-partner, and any children – underscoring the importance of seeking resolution as efficiently as possible.

4. Negotiate parenting and living arrangements

If you have children under 18, you must demonstrate to the court that appropriate parenting arrangements are in place. This includes deciding where the children will live, the time they will spend with each parent, and how financial support for their upbringing will be managed.

These agreements are typically documented in two forms: a Parenting Plan, which outlines how the children will be cared for, and a Child Support Agreement, which sets out how the costs of raising the children will be shared. While a Parenting Plan is not mandatory, having one in writing is strongly recommended to provide clarity and stability for your children.

These informal agreements can be formalised through Consent Orders to ensure clarity and enforceability.

5. Prepare divorce documentation

Legal processes, particularly separations, hinge on accurate and thorough documentation. One of the most common errors is filing papers incorrectly or neglecting to gather essential records.

To ensure a smoother separation, it’s crucial to compile a complete set of relevant documents as early as possible. To start the divorce process, you will need the following documents:

• A copy of your marriage certificate. If it is not in English, a certified translation is required.
• Proof of separation, such as statutory declarations.
• Completed application forms available on the Federal Circuit and Family Court of Australia website.

You should also collect the following documents:

• Marriage certificate: A primary document confirming your legal union.
• Personal identification: Includes driver’s licenses, Medicare cards, and any other official ID confirming your details.
• Passports: These verify identity and provide a record of international travel.
• Wills and Estate plans: Outlines posthumous wishes and distribution of assets.
• Naturalisation or name change certificates: Important for individuals who have changed their citizenship or legal name.
• Financial statements: Bank account records and statements help establish a clear financial picture.
• Residential documents: This includes leases, mortgage contracts, or property titles to prove ownership or tenancy.
• Investment property agreements: Lease contracts for rental properties or documentation detailing investment holdings.
• Property agreements: Any legal agreements related to property ownership, division, or other arrangements.

If original documents are unavailable, try to locate photocopies. While originals are always preferred, copies can serve as temporary evidence until the originals can be obtained.

Taking proactive steps to organise these documents can help save time, minimise complications, and strengthen your position during legal proceedings.

6. File a divorce application

Submit your divorce application online via the Commonwealth Courts Portal. The application must include all required documents and payment confirmation to proceed.

7. Serve the divorce papers

If you’re filing a sole application, you must ensure your spouse is formally notified by serving them the divorce papers. Personal service involves having a third party, such as a trusted person or a professional service agent, physically hand the documents to your spouse.

Alternatively, you may post the application, but your spouse must sign an acknowledgment form confirming receipt.

To proceed, you must prove to the court that your spouse has been properly served. This typically requires the person serving the documents to prepare an affidavit detailing the service process, including identifying the recipient and obtaining their acknowledgment. In cases where the recipient refuses or is difficult to locate, documents can be left at their feet with an explanation of the presented documents.

If tracking down your spouse proves difficult, don’t worry—you may be able to apply for substituted service with the help of legal advice to guide you through the process.

8. Attend the divorce hearing

If your application requires a court hearing, a registrar will review all your submitted documents. If they are satisfied that everything is accurate and complete, the registrar will grant the divorce order.

Importantly, a court hearing is only required if your application involves children under 18 or your spouse disputes the divorce. Otherwise, most applications are processed without attendance.

9. Obtain a Divorce Order

Once the court approves your application, a Divorce Order is issued. This becomes final one month and one day after the approval date. At this point, the marriage is officially dissolved, allowing you to remarry or make further legal arrangements if needed.

Do I have to go to Court for divorce?

You do not always have to go to Court for divorce.

If you file a joint application or have no disputes regarding children, your divorce is usually granted without a hearing.

However, if you file a sole application or parenting matters are unresolved, you may need to attend court.

What if my spouse won’t agree to get a divorce?

You can still apply for a divorce without your spouse’s agreement. The court does not require mutual consent, provided you meet certain criteria.

For example, you must have been separated for at least 12 months and one day, with both spouses meeting the residency or citizenship requirements. Additionally, if children under 18 are involved, you must address parenting arrangements to satisfy the court that proper provisions have been made.

BDN Lawyers can help you navigate this situation, ensuring your application meets all legal requirements.

How much does it cost to get a divorce in Australia?

The filing fee for a divorce application is AU$1,100 as of 2025, though concessions are available. Additional costs may include legal fees, document translations, or serving papers.

How long does the divorce process take?

The timeframe from filing to receiving a final divorce order in Australia is generally four to six months. That said, timelines can vary based on factors like the court’s schedule, how accurately and promptly documents are prepared, and the level of complexity in resolving any disputes.

Do I need a lawyer to get a divorce in Australia?

Hiring a lawyer for your divorce is not a legal requirement in Australia. However, most people choose to work with a lawyer to ensure their best interests are protected and navigate the more complex aspects of this legal process, such as dividing property or arranging parenting plans.

After all, divorce laws are intricate, and every situation is unique. This makes it challenging to fully understand your rights and obligations without professional guidance.

A skilled divorce lawyer can support you from start to finish, ensuring your application is accurate, your documentation is complete, and your interests are protected. This can help streamline the process, reduce stress, and avoid potential legal pitfalls.

Contact our experienced family lawyers to discuss your circumstances and explore your options.

Gain reliable legal support with your divorce application

Filing for divorce can feel overwhelming, but having knowledgeable legal support helps ensure each step is clear and manageable.
Ready to take the next step?

At BDN Lawyers, our trusted family law team in Canberra and Queanbeyan provide personalised guidance on how to get a divorce in Australia.

Together, we can address even the most complex legal requirements, resolve disputes fairly, and focus on building a secure future for yourself and your family.

Contact us to discuss your divorce application.