How to Apply for Divorce in Australia
To obtain a divorce in Australia, you must apply to the Federal Circuit and Family Court of Australia. The sole ground for divorce is that the marriage has broken down irretrievably, demonstrated by 12 months of separation. You do not need to prove fault or give reasons for the breakdown.
CourtServ can assist you in navigating the divorce application process, ensuring all required documents are correctly completed and filed. We are not lawyers and do not provide legal advice, but we can provide practical assistance with the administrative process.
Requirements for a Divorce Application
- You or your spouse must be an Australian citizen, regard Australia as your permanent home, or have been living in Australia for at least 12 months immediately before filing
- You must have been separated for at least 12 months and one day before applying
- You must provide your original marriage certificate (or a certified copy), with a translation if it's not in English
- If you have children under 18, you must satisfy the court that proper arrangements have been made for their care
Types of Divorce Applications
Sole Application
If you are applying for divorce without your spouse's agreement, you file a sole application. The sealed application must then be personally served on your spouse at least 28 days before the hearing date (or 42 days if they are overseas). CourtServ can handle this service for you — see our divorce serving service.
Joint Application
If both parties agree to the divorce, you can file a joint application. In this case, neither party needs to be served and neither party needs to attend the hearing (unless there are children under 18).
The Divorce Application Process
- Prepare the application — Complete the Application for Divorce form and supporting affidavit through the ComCourts portal.
- File the application — Submit the application online through the ComCourts portal and pay the filing fee (currently $990, or $330 with a fee reduction).
- Serve the application — For sole applications, the sealed application must be personally served on the other party at least 28 days before the hearing.
- Attend the hearing — For sole applications, the applicant must attend the hearing (this can be done by phone or video). For joint applications with no children under 18, attendance is generally not required.
- Divorce order granted — If the court is satisfied, it will make a divorce order. The divorce becomes final one month and one day after the order is made.
How CourtServ Can Help
CourtServ provides practical assistance with the divorce application process:
- Guidance on completing the Application for Divorce form
- Assistance with the ComCourts online filing system
- Personal service of the sealed divorce application on your spouse (for sole applications)
- Preparation of the Affidavit of Service for court filing
- Guidance on what to expect at the hearing
Please note: CourtServ is not a law firm and does not provide legal advice. For complex matters involving property, children, or contested issues, we recommend consulting a family lawyer.