How to Apply for a Divorce in Australia

Ending a marriage is never easy, but understanding the process can make it less daunting. In Australia, divorce is straightforward under our no-fault system, requiring just one key condition: you've lived apart for 12 months and one day, with no realistic chance of reconciliation.

Whether you're in Sydney, Melbourne, or anywhere across the country, the Federal Circuit and Family Court of Australia (FCFCOA) handles all applications. This guide walks you through every step to apply for divorce in 2026, from eligibility to getting your final order. We'll cover sole and joint applications, fees, and tips to avoid common pitfalls, so you can focus on moving forward.

Who Can Apply for Divorce in Australia?

Before starting, check if you meet the two main eligibility criteria. Australia's divorce laws are governed by the Family Law Act 1975, making it a no-fault process—no need to prove adultery or cruelty.

1. The 12-Month Separation Rule

You and your spouse must have been separated for a continuous period of 12 months and one day before filing. Separation starts when one partner decides the relationship is over, even if you live under the same roof—known as 'separation under one roof'.

• Prove your separation date with evidence like changed living arrangements, separate finances, or witness statements.
• If you reconcile briefly (up to three months), it doesn't reset the clock, but longer restarts it.
• Married less than two years? Attend counselling first and get a certificate—call the Family Relationships Advice Line on 1800 050 321.

2. Connection to Australia

One of you must link to Australia: be an Australian citizen, ordinarily resident here for 12 months (intending to stay), or domiciled here. If you're overseas, provide an Australian address on the form.

Meet these? You're eligible. No kids under 18 or financial disputes? It's even simpler.

Choosing Between Sole and Joint Applications

Decide if you'll apply alone (sole) or together (joint). Both use the same online form via the Commonwealth Courts Portal (CCP).

Type	Who Files	Serving Papers	Attendance Required
Sole Application	One spouse	Yes, serve on ex-partner	Yes, if kids under 18
Joint Application	Both spouses	No	No, unless requested

Joint is easier—no serving or mandatory attendance. For sole, serve papers at least 28 days before hearing (or 42 if overseas).

Step-by-Step: How to Apply for Divorce Online

All applications are eFiled via the CCP at comcourts.gov.au. No paper forms needed. Here's the process:

Step 1: Gather Your Documents

• Original or certified marriage certificate (English translation plus affidavit if needed).
• Proof of separation date (e.g., Affidavit for Separation Under One Roof if applicable).
• Counselling certificate if married under two years.
• ID and jurisdiction details.

Can't find your certificate? File evidence of marriage and explain why.

Step 2: Complete the Online Form

Log into CCP, select 'Application for Divorce'. Fill Parts A-F: details, jurisdiction, separation, kids, and orders sought.

• Be precise on marriage and separation dates.
• Disclose children under 18 arrangements (divorce doesn't settle parenting—do that separately).
• Lock the form once done—no edits after.

Step 3: Sign the Affidavit

Print the Affidavit for eFiling Application (Divorce), sign before a Justice of the Peace or lawyer, scan, and upload. Both sign for joint apps.

Step 4: Pay and Submit

The 2026 filing fee is approximately $1,060 (check CCP for exact—reduced for hardship via application). Select hearing location, pay, submit. Get file number and hearing date (2-4 months later).

For sole: Serve sealed copy on ex (post, email, or process server). File affidavit of service.

Step 5: Attend Hearing (If Needed)

Joint apps: No attendance. Sole without kids: Optional. With kids: Both attend briefly to confirm arrangements. Hearing is 10-15 minutes; dress smartly.

Step 6: Wait for Orders

Orders issued same day or posted. Divorce final after 1 month and 1 day (no appeals). Download from CCP.

Costs and Fee Reductions in 2026

Expect $1,060 filing fee, plus service costs ($50-150) for sole apps. Hardship? Apply for reduction (50% or full waiver) with income proof. Legal Aid or community services like Women's Legal Service can help low-income Aussies.

Common Mistakes to Avoid

• Inaccurate dates—delays or dismissal.
• Forgetting to serve (sole apps)—hearing adjourned.
• No marriage proof—application rejected.
• Ignoring kids' arrangements—court questions fitness.

Tip: Use a lawyer for complex cases (e.g., overseas spouse, disputed separation). Free advice via Legal Aid or Family Relationship Centres.

What Divorce Doesn't Cover

Divorce only ends the marriage. Settle property (12 months post-order deadline) and parenting separately via agreements or court. Use Family Dispute Resolution first.

Next Steps for Your Divorce

Ready? Head to the CCP, gather docs, and eFile today. For support, contact Family Relationship Advice Line (1800 050 321) or a local centre. If kids or assets involved, prioritise agreements first. You've got this—professional help is one call away. Update your will, super, and Centrelink details post-divorce.