To apply for divorce in Australia you must have been separated for at least 12 months and 1 day, with no reasonable likelihood of reconciliation. Applications are filed online through the Commonwealth Courts Portal, cost $1,170 (reduced to $390 for eligible concession holders), and the divorce becomes final one month and one day after it is granted.
Introduction: Divorce Is a Separate Process From Property and Parenting
Divorce is the legal ending of a marriage. It does not, by itself, deal with property settlement or parenting arrangements, both of which are separate processes. Understanding the divorce process on its own terms helps avoid confusion about timing, especially because applying for divorce starts a 12-month clock for property settlement.
Who Is Eligible to Apply for Divorce in Australia?
To apply for divorce, you generally need to show:
- You and your spouse have been separated for at least 12 months and 1 day
- There is no reasonable likelihood of reconciliation
- Your marriage is recognised as valid under Australian law, or your relationship otherwise meets the court's jurisdiction requirements
It is possible to be separated while still living under the same roof, but this requires additional evidence to satisfy the court, typically in the form of affidavits.
Should You Apply for Divorce Solely or Jointly?
You can apply for divorce alone (a sole application) or together with your spouse (a joint application).
- Sole application: One party applies and must formally serve the divorce application on the other party.
- Joint application: Both parties apply together, which avoids the need for formal service and is often more straightforward where both parties are in agreement.
How and Where to Apply
Divorce applications are filed electronically through the Commonwealth Courts Portal with the Federal Circuit and Family Court of Australia (FCFCOA). The current filing fee is $1,170, with a reduced fee of $390 available to holders of a Health Care Card, Pensioner Concession Card, or Commonwealth Seniors Health Card, or where financial hardship can be shown. Court fees are reviewed periodically, so we recommend confirming the current amount at the time you file.
If there are children of the marriage under 18, the court also needs to be satisfied that proper arrangements have been made for their care before granting the divorce.
What Happens After You File
Sole applications must generally be served on the other party, who then has an opportunity to respond. If there are no children under 18, the matter can often be finalised without either party attending a hearing. Where children are involved, or the matter is contested, a hearing may be required.
Once the court grants the divorce, the order does not take effect immediately. It becomes final one month and one day after the hearing, and you remain legally married until that date.
What to Do After the Divorce Is Finalised
Once your divorce order takes effect, you generally have 12 months to formalise a property settlement before you need the court's permission to apply late. If property matters haven't already been resolved, this is the point to prioritise them.
Frequently Asked Questions
1. How long do we need to be separated before applying for divorce?
At least 12 months and 1 day, and the court must be satisfied the marriage has broken down irretrievably with no reasonable likelihood of reconciliation.
2. How much does it cost to apply for divorce in Australia?
The standard filing fee is $1,170. A reduced fee of $390 applies if you hold a Health Care Card, Pensioner Concession Card, or Commonwealth Seniors Health Card, or can demonstrate financial hardship. Fees are reviewed periodically, so it's worth confirming the current amount before filing.
3. Can we apply for divorce together?
Yes. Either one party can apply alone (a sole application) or both parties can apply together (a joint application), which is often simpler and does not require formal service on the other party.
4. When does the divorce actually take effect?
The divorce order becomes final one month and one day after it is granted at the hearing. You remain legally married until that date.