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How to Apply for a Divorce in Australia: Eligibility, Forms and Timing

Divorce in Australia is a no-fault, administrative process governed by the Family Law Act 1975 (Cth). You don’t need to prove wrongdoing, and in the most cases, won’t appear in court. Divorce applications do not cover parenting arrangements, property or superannuation division. These will require separate legal processes.

Eligibility: do you qualify?

The sole ground for divorce is that the marriage has broken down irretrievably. To establish this, you must show three things:

  • You and your spouse have been separated, and living separately and apart, for a continuous period of at least twelve months immediately before you file;
  • There is no reasonable likelihood you will resume living together (if the court thinks there is, it must refuse the application); and
  • When you file, at least one of you is an Australian citizen, is domiciled in Australia (treats Australia as home and intends to live here indefinitely), or ordinarily lives in Australia and has done so for the 12 months before filing.

Separation is about the relationship, not just the address. At least one of you must have decided the marriage was over and made that clear to the other, whether by saying so or by how you behaved.

A brief reconciliation does not necessarily restart the 12-month separation period. Under section 50 of the Family Law Act 1975 (Cth), if spouses resume cohabitation on one occasion for no more than three months and then separate again, the periods of separation before and after that attempted reconciliation may be added together. The period of resumed cohabitation is not counted. Merely living under the same roof does not necessarily amount to resumed cohabitation; the court considers whether the marital relationship was resumed in substance.

If you separated but stayed under the same roof

If moving out isn’t immediately possible you can still be treated as “separated” while living in the same home. This requires evidence describing the practical changes to your relationship If you lived under one roof for any part of the 12 months before filing. Usual evidence involves an affidavit explaining:

  • when and how the relationship ended;
  • why you kept living together;
  • what changed in your sleeping, domestic and social arrangements;
  • what changed in how you handled money and household expenses;
  • whether you told family, friends or government agencies about the separation; and
  • what arrangements you made for any children during that time.

Separate bedrooms and separate finances strongly indicate separation. However, the court weighs all the circumstances together. A couple may still have separated even if they kept some shared arrangements for good reason. Money, illness or the needs of children often supply that reason. The court looks for evidence that the marriage itself had ended. It distinguishes this from a marriage going through a difficult patch.

A sole applicant files their own affidavit and one from an independent person who knows about the separation, such as a family member, friend or neighbour. In a joint application, each spouse ordinarily files an affidavit, and if only one of you can do so, an affidavit from an independent person will also be needed.

Forms and documents

You can apply jointly with your spouse or on your own as a sole applicant. Documents commonly needed include:

  • Your marriage certificate, with a certified translation if it wasn’t issued in English;
  • A separation affidavit (and corroborating affidavit) if you lived under one roof;
  • affidavit evidence if you separated under one roof;
  • evidence of citizenship, domicile or residence, where the court asks for it;
  • an affidavit explaining any difference between the names on the application and the marriage certificate; and
  • if you cannot obtain your marriage certificate, an affidavit explaining why.

Other documents may be required depending on your circumstances. You will need electronic copies of your documents and a way to pay the filing fee, unless a reduced fee is approved.

Fees

As of 1 July 2026, the filing fee for an application for divorce is $1,170. A reduced fare of $390 is available to those who hold a concession card, commonwealth seniors card, health care card, or anyone else who can prove financial hardship. The filing fee is reviewed every 1 July, so check the Federal Circuit and Family Court of Australia’s website before you file for the most up to date information and entitlements to reduced fares.

Timing: from filing to final order

If you are a sole applicant, you must arrange for your spouse to be formally served with the application and then file an affidavit proving service before the hearing. Joint applications skip this step as both parties are already on the record.

After filing there is a minimum period of at least 42 days which must pass before the court will list a hearing. This is extended to 56 days if your spouse is overseas.

Most hearings don’t require any attendance, although you may be required to appear if:

  • You are a sole applicate and have a child of the marriage under 18
  • Your spouse has filed a response opposing the divorce
  • Either of you has asked to appear

When the order becomes final

A divorce does not take effect on the day it is granted. It becomes final one month and one day later, unless the court orders a shorter or longer period. The court will not notify you separately. Your divorce order becomes available on the Commonwealth Courts Portal the day after it is finalised. Do not make arrangements to remarry until the divorce has taken effect.

What happens next

A divorce order ends the marriage; it doesn’t resolve anything else. You have twelve months from the date the divorce takes effect to start property, superannuation or spousal maintenance proceedings. After that, you need the court’s permission to proceed out of time, and this isn’t guaranteed.

You do not have to wait for the divorce to deal with property. Proceedings can generally be started at any time after separation. Parenting matters are not subject to this 12-month limit.

If you’re unsure whether you meet the separation or residency requirements, or which documents apply to your situation, contact us to review this information before you file. An application that is missing evidence can be adjourned or dismissed, and if it is dismissed you may have to file again and pay a second fee.

Jake McKinley notes that this article is written for the purpose of providing generalised information and not to provide specialised legal advice. If you require qualified legal advice on anything mentioned in this article, our experienced team of solicitors at Jake McKinley are here to help. Please get in touch with us on 02 9232 8033 today to make an enquiry. 

Article Written by Louisa Englund, Law Graduate

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