How to apply for divorce in Australia?

Divorce in Australia is a legal process under the Family Law Act 1975, based on a no-fault system. This means the court only considers whether the marriage has broken down irretrievably, not who caused it. To apply, you must meet eligibility requirements, including 12 months of separation, and lodge an online application through the Federal Circuit and Family Court of Australia. 

• Divorce in Australia follows a no-fault legal process under federal law
• Applicants must meet eligibility requirements, including a 12-month separation
• Applications are lodged through the Federal Circuit and Family Court of Australia

Who can apply for divorce in Australia?

To apply for divorce in Australia, you must meet specific legal eligibility requirements set by the Federal Circuit and Family Court of Australia.

• You or your spouse must be an Australian citizen, live in Australia, or regard Australia as your permanent home
• You must be legally married and able to provide a valid marriage certificate (or, in limited circumstances, explain why the marriage certificate cannot be provided)
• You and your spouse must have been separated for at least 12 months
• You can apply individually (sole application) or together (joint application)

What documents do you need to apply for divorce? 

To apply for divorce in Australia, you need to prepare and submit specific documents to support your application through the Federal Circuit and Family Court of Australia. 

• A copy of your marriage certificate (official or translated if not in English)
• Proof of citizenship or residency, such as a passport or visa
• Completed divorce application form via the Commonwealth Courts Portal
• Affidavit documents if you are separated under one roof
• Additional affidavit if applying for a reduced court filing fee
• Details of arrangements for any children under 18
• Service documents if you are making a sole application

Understanding the differences between a joint and a sole divorce application can help you choose the right approach for your circumstances.

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Divorce fees and payment options

The cost of applying for divorce in Australia depends on your circumstances and whether you are eligible for a reduced court filing fee. Fees are set by the Federal Circuit and Family Court of Australia and are typically paid at the time of submitting your application through the Commonwealth Courts Portal.

Divorce application processing times in Australia can vary depending on your circumstances, but most applications follow a similar timeline once submitted to the Federal Circuit and Family Court of Australia. In general, it may take several months from lodgement to the final divorce order being granted.

After the application is filed, the court will, if required, allocate a hearing date, review the application, and ensure all legal requirements have been met. Once approved, the divorce order becomes final one month and one day after it is granted, unless special circumstances apply.

• Application is lodged through the Commonwealth Courts Portal
• The court reviews the application and schedules a hearing if needed
• Divorce is granted at the hearing or shortly after review
• Final divorce order takes effect one month and one day later

Divorce process by state 

The divorce process in Australia is governed by federal law, meaning the steps are generally the same regardless of which state or territory you live in. All applications are handled by the Federal Circuit and Family Court of Australia through a centralised system. 

• New South Wales (NSW): Same federal divorce process applies
• Victoria (VIC): Same federal divorce process applies
• Queensland (QLD): Same federal divorce process applies
• Western Australia (WA): Similar process, with some applications handled by the Family Court of WA
• South Australia (SA): Same federal divorce process applies
• Tasmania (TAS): Same federal divorce process applies
• Australian Capital Territory (ACT): Same federal divorce process applies
• Northern Territory (NT): Same federal divorce process applies

Understanding common issues in a divorce application can help you avoid unnecessary delays and ensure your application is processed smoothly. 

Once a divorce order is granted by the Federal Circuit and Family Court of Australia, several important steps and legal considerations follow before the divorce becomes final. 

• The divorce order becomes legally final one month and one day after it is granted
• You are officially divorced and free to remarry after the order takes effect
• Time limits begin for property settlement and spousal maintenance applications
• Parenting arrangements continue separately from the divorce process
• You should update legal documents such as your will, superannuation beneficiaries, and financial records