Key Takeaways
- You must generally be separated for at least 12 months before you can apply for a divorce in Australia.
- Most divorce applications are lodged online through the Commonwealth Courts Portal.
- If you make a sole application, you will usually need to serve the divorce papers on your spouse.
- A court hearing is only required in certain circumstances, including some matters involving children under 18.
- A divorce order becomes final one month and one day after it is granted by the court.
Separation before divorce
Before you can apply for a divorce in Australia, you must generally be separated from your spouse for at least 12 months. This separation period is used to demonstrate that the marriage has broken down irretrievably, which is the sole ground for divorce under Australian family law. In some cases, couples may be considered separated even if they continue living in the same home.
Eligibility checklist:
- You have been separated for at least 12 months before filing your divorce application.
- You can provide evidence of the separation period if required by the court.
- If you were living under one roof during separation, you can provide additional information explaining your circumstances.
- There is no reasonable likelihood of reconciliation between you and your spouse.
- You meet the other legal requirements to apply for a divorce in Australia.
Meeting these requirements is an important first step in the divorce process and helps ensure your application can proceed without unnecessary delays.
Check eligibility to apply for divorce
Before filing a divorce application, it is important to confirm that you meet the legal requirements to apply for a divorce in Australia. The Federal Circuit and Family Court of Australia can only grant a divorce if the relevant eligibility criteria have been satisfied. To ensure you meet these requirements, it is recommended that you talk to a divorce lawyer before proceeding.
Citizenship requirements
You can apply for a divorce if either you or your spouse is an Australian citizen by birth, descent, or grant of citizenship.
Australia as your permanent home
You may also be eligible if you regard Australia as your permanent home and intend to live in Australia indefinitely.
Residency requirements
If you are not an Australian citizen, you can still apply if you ordinarily live in Australia and have done so for at least 12 months immediately before filing your divorce application.
Valid marriage evidence
The court requires evidence of a valid marriage. In most cases, this involves providing a copy of your marriage certificate when lodging the application.
Separation requirements
You must have been separated for at least 12 months before applying for a divorce. This requirement applies to both sole and joint applications.
Court authority to hear the matter
The court must have jurisdiction to deal with your application before it can grant a divorce order. Ensuring all eligibility requirements are met can help your divorce process proceed more smoothly.
Prepare and lodge your divorce application
Once you have confirmed your eligibility, the next step is to prepare and lodge your divorce application. Most applications are filed online through the Commonwealth Courts Portal, which allows applicants to upload documents, pay filing fees, and manage their matter electronically.
- 01
Create a Commonwealth Courts Portal account
Visit the Commonwealth Courts Portal and create an account if you do not already have one. This account will be used to prepare, lodge, and track your divorce application.
- 02
Gather and upload your documents
Prepare the required documents, including your marriage certificate and any supporting materials relevant to your circumstances. Upload these documents through the portal before submitting the application.
- 03
Complete the application form
Carefully complete the online divorce application. Ensure all information is accurate, including details about your marriage, separation period, and any children under 18.
- 04
Pay the filing fee
Once the application is complete, pay the applicable court filing fee. Some applicants may be eligible for a reduced fee depending on their circumstances.
- 05
Submit your application
After reviewing the information and supporting documents, submit the application through the portal. You will receive confirmation once the application has been successfully lodged with the court.
- 06
Keep a copy of your filing
Save a copy of the divorce application and any court correspondence for your records. These documents may be required later in the divorce process.
Serve the divorce papers (sole applications only)
If you file a sole application for divorce, you must arrange for your spouse to receive a copy of the divorce application and any other required court documents. This process is known as service. The purpose of the service is to ensure your spouse is aware of the divorce proceedings and has an opportunity to respond if necessary.
You cannot personally serve the divorce documents yourself.
Common service methods:
- Service by post – Documents can be sent by mail if your spouse is willing to sign and return the required acknowledgement of service.
- Service by hand – Another adult, such as a professional process server, can personally deliver the divorce papers to your spouse.
- Service in overseas locations – If your spouse lives overseas, service can usually still be completed, provided the relevant international service requirements are followed.
Attend your court hearing (if required)
Not every divorce application requires a court hearing. However, attendance may be necessary in certain situations, particularly where there are children of the marriage under 18 years of age or where the court requires additional information before granting the divorce. If a hearing is required, the court will notify you of the date and attendance arrangements.
Key attendance details:
- Children under 18 – The court may need to be satisfied that appropriate arrangements have been made for any children before granting the divorce.
- Attendance method – Many divorce hearings are conducted electronically, allowing parties to attend remotely rather than appearing in person.
- Court questions – The court may ask questions about service, separation, children, or information contained in the divorce application before deciding whether to grant the divorce.
Receive your divorce order
If the court grants your divorce, the divorce order does not take effect immediately. In most cases, the divorce order becomes final one month and one day after it is made. Once the divorce is final, you can download a copy of the divorce order through the Commonwealth Courts Portal and use it as official proof that your divorce has been completed.
| Stage | Timeframe |
|---|---|
| Divorce hearing | Court considers and grants the divorce |
| Divorce order made | On the date of the hearing |
| Divorce order becomes final | One month and one day later |
| Divorce certificate available | After the divorce becomes final through the Commonwealth Courts Portal |
It is important to wait until your divorce becomes final before making plans to remarry.
Need help navigating the divorce process?
Understanding the divorce process is one thing. Making sure your application is completed correctly is another. Carew Counsel's experienced family lawyers can guide you through each stage, from eligibility and filing requirements to court procedures and post-divorce considerations.
Can you cancel a divorce after filing?
Sometimes circumstances change after a divorce application has been filed. If you no longer want the divorce to proceed, you may be able to withdraw the application before the hearing or before the court makes a divorce order.
You have reconciled
If you and your spouse have reconciled, you may decide that the divorce should not continue. In this case, the applicant can take steps to withdraw the divorce application before it is heard.
You filed too early
If the application was filed before the 12-month separation period ended, withdrawing the application may help avoid unnecessary court complications.
There is missing information
If important documents or details are missing, it may be more appropriate to withdraw and refile the application once the required information is ready.
Your spouse was not served
If you made a sole application and the service has not been completed, the matter may not be ready to proceed. Withdrawing the application may be an option depending on the circumstances.
The hearing is approaching
If a hearing date has been listed, you should act promptly. The court must be notified before the application can be withdrawn.
You are unsure what to do
If you are uncertain whether to continue, withdraw, or refile, legal advice can help you understand the practical and legal consequences before taking action.
What happens after a divorce settlement agreement is signed?
Signing a property settlement agreement or parenting agreement is an important milestone, but it does not finalise your divorce. Divorce proceedings, property settlements, and parenting arrangements are separate legal processes under Australian family law and may occur at different times.
- Greater certainty about financial and parenting arrangements
- Reduced risk of future disputes between parties
- Clearer pathway towards finalising post-separation matters
Divorce and property matters are separate
A divorce order does not determine how assets, liabilities, or financial resources are divided. Property settlement issues must be resolved separately.
Parenting arrangements continue independently
Parenting agreements, such as child custody and parenting orders remain separate from the divorce process. The court's focus remains on the best interests of the children.
Future planning becomes easier
Finalising property and parenting matters can provide greater certainty, allowing both parties to move forward with confidence after separation and divorce.
How soon can you remarry after a divorce?
You can remarry once your divorce order becomes final, which is usually one month and one day after the court grants the divorce.
It is important not to make firm wedding arrangements until your divorce is finalised. A divorce order only takes legal effect once the finalisation period has passed, and attempting to remarry before this date could create legal complications. Always check the date your divorce order becomes final before setting a wedding date.
Get guidance through the divorce process
Applying for a divorce involves more than completing paperwork. From meeting eligibility requirements and managing service obligations to ensuring the divorce order becomes final, each step plays an important role in achieving a smooth outcome. If you're unsure about your circumstances or want guidance throughout the process, obtaining legal advice early can help you avoid delays and move forward with confidence.
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