How to Apply for Divorce in Australia: A Step-by-Step Guide

No-Fault Divorce in Australia

Australia has operated a no-fault divorce system since 1975. This means the Court does not consider who was responsible for the breakdown of the marriage. The sole ground for divorce is that the marriage has broken down irretrievably.

That irretrievable breakdown is established by showing the parties have been separated for at least 12 months immediately before filing the application. The Court is not concerned with allegations of infidelity, unreasonable behaviour or other conduct. The focus is simply on whether there is no reasonable likelihood of the parties resuming married life.

The 12-Month Separation Requirement

Before any divorce application can be filed, the parties must have been separated for a continuous period of at least 12 months.

Separation occurs when one or both spouses form the intention to end the marriage and communicate that intention to the other party, either expressly or through their conduct.

The 12-month period must be continuous. Brief reconciliations of up to three months are permitted, but they do not count towards the 12 months. If the reconciliation lasts longer than three months, a new 12-month separation period begins from the end of that reconciliation.

For a deeper discussion of the separation requirement, including how the period is measured and what evidence is needed, see our guide to divorce and the 12-month separation requirement.

Separation Under One Roof

Many separated couples remain living at the same address for financial, parenting or practical reasons. The law recognises that parties may be separated despite remaining under the same roof.

Where separation under one roof forms part of the 12-month period, additional evidence is generally required. Relevant factors include:

• sleeping in separate bedrooms;
• maintaining separate finances;
• ceasing a sexual relationship;
• informing family and friends of the separation;
• dividing household responsibilities differently; and
• presenting to others as separated rather than as a couple.

The Court will generally require affidavit evidence explaining the circumstances. An independent witness who observed the changed living arrangements can strengthen the application.

Eligibility Requirements

To apply for divorce in Australia, at least one party must:

• regard Australia as their permanent home and intend to live here indefinitely;
• be an Australian citizen by birth, descent or grant of citizenship; or
• ordinarily reside in Australia and have done so for at least 12 months immediately before filing.

The marriage must also be recognised as valid under Australian law. Marriages performed overseas are generally recognised if they were valid under the laws of the country where they took place.

Sole Application vs Joint Application

A divorce application can be filed by one party alone (a sole application) or by both parties together (a joint application). Each approach has different implications.

Joint Application

In a joint application, both spouses sign the same application and file it together. This approach is often simpler because:

• there is no requirement for formal service;
• neither party needs to attend court; and
• the application demonstrates agreement on the facts.

Sole Application

In a sole application, one spouse applies without the other's participation. The applicant must:

• file the application and pay the filing fee;
• arrange for the application to be formally served on the other party;
• file an affidavit of service with the Court; and
• may need to attend the hearing, particularly if there are children under 18 or if service was difficult.

Where a spouse cannot be located or service presents difficulties, additional court procedures — such as substituted service or dispensation of service — may be required.

Filing the Divorce Application

Divorce applications in Australia are filed online through the Commonwealth Courts Portal. The application requires:

• details about the marriage — date, place and certificate;
• the date separation began;
• information about any periods of separation under one roof;
• details of any children under 18, including current care arrangements;
• jurisdictional information confirming eligibility; and
• payment of the filing fee (or an application for a fee reduction).

The Court must be satisfied that proper arrangements have been made for the care, welfare and development of any children under 18 before granting a divorce.

Service Requirements

For sole applications, the application and supporting documents must be formally served on the respondent spouse. Service must comply with the Court's rules and can be performed by:

• a person over 18 who is not a party to the proceedings;
• a professional process server; or
• in some cases, by post to the respondent's lawyer (if they agree to accept service).

Service outside Australia requires compliance with additional rules and may take longer. The applicant must file an affidavit of service confirming that the documents were properly delivered.

If the respondent cannot be located after reasonable efforts, the Court may grant an order for substituted service (service by an alternative method) or dispensation of service (waiving the requirement altogether).

Attending the Divorce Hearing

Many divorce applications proceed without either party needing to attend court. However, attendance is generally required where:

• the application is made by one party only and there are children under 18;
• questions arise about service or jurisdiction;
• the respondent opposes the divorce; or
• separation under one roof is claimed and the Court requires oral evidence.

The hearing itself is usually brief. The judicial officer reviews the application, confirms the separation period and arrangements for children, and either grants or adjourns the matter.

When the Divorce Order Takes Effect

After the Court grants a divorce, the order does not take effect immediately. In most cases, the divorce becomes final one month and one day after the order is made.

Only after the divorce becomes final are the parties legally divorced and free to remarry. The Court issues a divorce order (previously called a certificate of divorce), which is usually available through the Commonwealth Courts Portal.

Divorce vs Property Settlement

One of the most common misconceptions is that divorce automatically resolves financial matters. It does not.

Divorce proceedings end the marriage. Property settlement involves identifying the asset pool, assessing contributions, considering future needs and dividing property in a way that is just and equitable. These are entirely separate processes.

In many cases, parties finalise property settlements before or alongside the divorce application. For a step-by-step explanation of how property is divided, see our guide to the four-step property settlement process. For an overview of whether a 50/50 split is automatic, see our article on whether assets are always split 50/50.

Strict time limits apply: married couples generally have 12 months from the date the divorce becomes final to commence property settlement proceedings.

Divorce vs Parenting Arrangements

Parenting arrangements are also separate from divorce. Parents do not need to be divorced before making arrangements for their children, and the same framework applies to married and de facto parents.

The Court must be satisfied that proper arrangements have been made for children under 18 before granting a divorce. This does not mean the arrangements must be formalised by court order — informal or parenting-plan arrangements are sufficient if they are adequate.

For a detailed discussion of parenting arrangements after separation, see our guide to parenting arrangements after separation.

Time Limits After Divorce

Strict time limits apply after a divorce becomes final:

• Property settlement and spousal maintenance — married couples generally have 12 months from the date the divorce becomes final to commence proceedings. After that, special leave of the Court is required.
• De facto property claims — de facto couples generally have two years from the date of separation. See our guide to de facto property claims for more detail.

Missing these deadlines can significantly complicate matters. If you are approaching a time limit, urgent legal advice is essential. For a detailed guide, see our article on time limits for property settlement in Australia.

Common Mistakes and Delays

Delays in divorce proceedings often arise from easily avoidable errors:

• Filing too early. The 12-month separation period must be complete before the application is filed. Filing even one day early will result in refusal.
• Inadequate evidence of separation under one roof. Sole applicants who claim separation under one roof without sufficient affidavit evidence frequently have their applications adjourned or refused.
• Incorrect service. Failure to serve the respondent properly, or to file the required affidavit of service, is a common cause of delay.
• Ignoring time limits for property. Some applicants focus on the divorce and overlook the 12-month limitation period for property settlement, only to discover it has expired.
• Overlooking superannuation. Superannuation is property and must be dealt with in the property settlement, not ignored because it cannot be accessed immediately.

Practical Steps Before Filing

Before filing a divorce application, consider the following practical steps:

• Confirm the date of separation and gather evidence (communications, changed arrangements, witness details).
• Obtain a copy of your marriage certificate. If married overseas, ensure the certificate is in English or arrange a certified translation.
• Review your financial position and consider whether property settlement should be addressed before or alongside the divorce.
• Consider parenting arrangements and whether they need to be formalised.
• Check whether you meet the jurisdictional requirements.
• If applying solely, plan how the application will be served and identify a suitable process server if needed.
• If you intend to apply for a fee reduction, gather evidence of your financial circumstances.

Obtaining Legal Advice

While many divorce applications are straightforward, complications frequently arise — particularly where there are children, international issues, property disputes, questions about separation under one roof, or difficulties with service.

A family lawyer can help ensure that the correct procedures are followed, that service is effected properly, and that important time limits for property settlement and spousal maintenance are not missed. For an overview of spousal maintenance, see our guide to spousal maintenance in Australia.

At Parke Lawyers, our family law team assists clients across Victoria with divorce applications, property settlements, parenting matters and related family law issues. We provide practical advice and clear guidance to help clients move through the legal process with confidence and certainty.