Filing for divorce can feel confronting, even when both people agree the marriage has ended.
You may be unsure where to start, what documents you need, whether your spouse needs to agree, or how the Court fits into the process. You may also be trying to sort out parenting arrangements, property, finances and daily life at the same time.
In Australia, divorce is the legal end of a marriage. It is a separate process from parenting orders, property settlement and financial agreements. This means you can apply for divorce once you meet the legal requirements, but you may still need separate advice about children, money, superannuation, the family home or ongoing support.
This step-by-step guide explains how to file for divorce, what the divorce process involves, and when speaking with a Family Lawyer or Divorce Lawyer can help you avoid delays and mistakes.
Le Brun & Associates helps clients across Hawthorn, Werribee, Moonee Ponds and greater Melbourne with separation, divorce applications, parenting matters and property settlements.
What Is the Legal Definition of Divorce?
Divorce is the formal legal ending of a marriage.
Australia has no-fault divorce. The Court does not decide who caused the marriage to end, and you do not need to prove wrongdoing. The only ground for divorce is that the marriage has broken down irretrievably.
To show this, you need to prove that you and your spouse have been separated for at least 12 months and that there is no reasonable likelihood of resuming married life.
A divorce order ends the marriage. It does not divide property, decide who keeps the home, settle debts, create parenting arrangements or finalise superannuation splitting. Those matters sit under separate areas of family law.
This is where many people get caught out. They believe that once the divorce is granted, every issue connected to the relationship is finished. In reality, Divorce is only one part of the wider separation process.
Are You Eligible to File for Divorce?
Before filing for divorce, you need to meet the Court’s eligibility requirements.
You can apply for divorce in Australia if you were legally married and the marriage has broken down with no reasonable chance of reconciliation. You must also have been separated for at least 12 months.
You may still be eligible if you were separated while living under the same roof. This can happen when people cannot move out because of children, rent, mortgage pressure, health concerns or financial reasons. If this applies, the Court may need extra evidence explaining how the relationship changed, such as sleeping arrangements, finances, household duties and whether family or friends knew about the separation.
You also need a connection to Australia. This may include being an Australian citizen, living in Australia and regarding Australia as your home, or having lived in Australia for the required period before applying.
If you were married overseas, you may still be able to apply for divorce in Australia if the marriage was valid under the law of that country and you meet the Australian eligibility rules.
If you are unsure whether you meet the requirements, a Divorce Lawyer can review your situation before you spend time and money preparing the application.
Step 1 – Gather Required Documents
Before starting your divorce application, gather the documents and details you may need.
The key document is your marriage certificate. If your marriage certificate is not in English, you will usually need an English translation and an affidavit from the translator.
You may also need identification details, your date of separation, your spouse’s address, details of any children under 18, and information about current parenting arrangements.
If you were separated under one roof, you may need affidavit evidence explaining the separation. This can include details about when the relationship ended, whether you slept separately, how finances were handled, how household tasks changed and whether the separation was known to others.
If you have been married for less than two years, you may need to attend counselling or seek permission from the Court to apply without it. This is a detail many applicants miss, so legal advice can be useful if your marriage was short.
You should also collect any existing family law documents, such as parenting orders, intervention orders, property settlement documents or previous court correspondence. These may not all be required for the divorce application, but they can help your lawyer understand the wider picture.
Step 2 – Complete the Divorce Application
Divorce applications are usually completed online through the Commonwealth Courts Portal.
You can apply by yourself as a sole applicant, or you and your spouse can apply together as joint applicants.
A joint application is often simpler if both people agree to the divorce and are willing to sign the application. In a joint application, there is no need to serve divorce documents on the other person because both parties are applying together.
A sole application is used when one person applies alone. Your spouse does not need to agree to the divorce, but they must be properly served with the application after it is filed.
The application asks for details about the marriage, separation, citizenship or residency, children under 18 and any relevant court matters.
If there are children under 18, the Court will need information about their care arrangements. This may include where they live, how much time they spend with each parent, schooling, health and financial support.
This does not mean the divorce application decides parenting arrangements. It means the Court needs to be satisfied that proper arrangements have been considered for the children.
Step 3 – File Your Application with the Court
Once the application is complete, it is filed with the Federal Circuit and Family Court of Australia.
Most divorce applications are eFiled through the Commonwealth Courts Portal. The Portal allows you to file documents, access your court file and download court orders.
As at 1 July 2026, the Court filing fee for an application for divorce is $1,170. A reduced fee of $390 may be available if you meet the eligibility requirements. In a joint application, both parties must be eligible for the reduced fee for the reduced fee to apply.
If paying the full fee would cause financial hardship, you may be able to apply for a reduced fee on that basis.
After filing, the Court will allocate a hearing date. The documents will be stamped by the Court, and if you filed a sole application, you must arrange service on your spouse.
This is one stage where errors can delay the divorce process. Incorrect dates, missing documents, unclear separation evidence or service problems may lead to the application being adjourned.
Step 4 – Serve the Application on Your Spouse
If you file a sole divorce application, you must serve the documents on your spouse.
Service means giving your spouse the filed court documents so they know the divorce proceedings have started and have an opportunity to respond.
If your spouse is in Australia, the documents must be served at least 28 days before the hearing. If your spouse is overseas, they must be served at least 42 days before the hearing.
You cannot personally hand the divorce documents to your spouse yourself. Service must be handled in a way that complies with the Court rules. This may involve another adult, a professional process server or service by post in suitable circumstances.
After service, evidence must be filed with the Court to prove that service happened correctly.
If you do not know where your spouse is, you may need to ask the Court for substituted service or dispensation of service. This can involve extra evidence and a separate request to the Court.
A Family Lawyer can help arrange service properly, especially if your spouse is avoiding service, living overseas or difficult to locate.
Step 5 – Attend the Divorce Hearing If Required
Not every divorce application requires you to attend the hearing.
Divorce hearings are usually conducted electronically, often by telephone. If the application is properly prepared and all requirements have been met, the Registrar may be able to decide the matter at the first hearing.
You may need to attend if you have asked to attend, if the respondent opposes the divorce, if there are issues with service, or if the Court needs more information. Attendance may also be required in some sole applications involving children under 18 or where separation under one roof needs to be explained.
At the hearing, the Court considers whether the legal requirements for divorce have been met. The Court may check the separation period, service documents, details about children and any evidence filed.
If something is missing or unclear, the matter may be adjourned. This means the divorce is not refused forever, but more information or corrected documents may be required before the application can proceed.
If the divorce is granted, it does not become final immediately.
Step 6 – Receive Your Divorce Order
Once the Court grants the divorce, the order usually becomes final one month and one day later.
You should not plan to remarry until the divorce order has become final.
After the divorce is finalised, you can download the divorce order from the Commonwealth Courts Portal. This is the official proof of divorce.
The Court does not send a paper certificate in the way many people expect. Divorce orders are digital, and the Portal is where you access the final order.
Keep a copy of the divorce order for your records. You may need it later for remarriage, estate planning, financial documents or other legal matters.
What Happens After Divorce?
Divorce ends the marriage, but it does not automatically finalise parenting or property issues.
Parenting arrangements deal with where children live, how much time they spend with each parent, decision-making, school holidays, travel and communication. These arrangements may be made informally, through a parenting plan, by consent orders or through Court orders where agreement cannot be reached.
Property settlement deals with assets, liabilities and financial resources. This can include the family home, investment properties, savings, superannuation, businesses, vehicles, debts and loans.
There are time limits after divorce. Once your divorce becomes final, you usually have 12 months to start Court proceedings for property or financial orders. If you miss that timeframe, you may need the Court’s permission to apply out of time.
This is why you should not wait until after the divorce order is final before seeking property settlement advice. Many people benefit from speaking with a Family Lawyer much earlier, especially where there are assets, debts, children, family violence concerns, business interests or financial pressure.
You should also review your will, superannuation nominations, powers of attorney and estate planning after divorce. Divorce can affect estate arrangements, and old documents may no longer reflect your wishes.
When Should You Contact a Family Lawyer?
You may be able to complete a straightforward divorce application yourself, but legal advice can be valuable when the situation is more complex.
You should consider speaking with a Family Lawyer or Divorce Lawyer if:
- you are unsure whether you meet the eligibility requirements
- you were separated under one roof
- your spouse does not agree to the divorce
- you do not know where your spouse lives
- your spouse is overseas
- there are children under 18
- parenting arrangements are unsettled
- property settlement has not been finalised
- there are family violence or safety concerns
- you are close to a legal deadline
- you have received court documents
- you are worried about costs, delays or mistakes
A lawyer can explain the divorce steps, prepare the application, arrange service, deal with evidence issues and advise you on related family law matters.
Early advice can also help you avoid treating divorce as the only legal task. For many separated couples, the more important issues are children, finances, housing and future security.
Frequently Asked Questions
How long does the divorce process take in Australia?
The timing depends on the Court’s availability, whether the application is complete, whether service is done properly and whether extra evidence is needed. After the divorce is granted, it usually becomes final one month and one day later.
Do I need my spouse’s consent to file for divorce?
No. You can file a sole application without your spouse’s consent. Your spouse must still be properly served with the application.
Can I apply for divorce if we still live in the same house?
Yes, you may be able to apply if you were separated under one roof. You will need extra evidence showing the marriage had ended during that period.
Does divorce settle property and parenting matters?
No. Divorce does not divide property or create parenting arrangements. Those matters need to be dealt with separately.
How much does filing for divorce cost?
As of 1 July 2026, the Court filing fee for a divorce application is $1,170. A reduced fee of $390 may be available if you are eligible.
Do I need to attend Court?
Not always. Many divorce hearings are dealt with electronically. You may need to attend if there are children under 18, if service is an issue, if your spouse opposes the application or if the Court asks for more information.
Can I remarry straight after the hearing?
No. You should wait until the divorce order becomes final, which is usually one month and one day after the divorce is granted.
Speak with an Experienced Divorce Lawyer Today
Filing for divorce is not just about completing a form. It is about understanding your rights, meeting Court requirements and making sure the wider issues around children, property and finances are not missed.
Le Brun & Associates provides clear, practical family law advice for people going through separation and divorce across Hawthorn, Werribee, Moonee Ponds and greater Melbourne.
Our team can help you understand whether you are eligible to apply, prepare your divorce application, manage service requirements and advise you on parenting or property matters connected to your separation.
Book a free 30-minute consultation with Le Brun & Associates today and speak with an experienced Divorce Lawyer who can guide you through the next step.
