Getting a divorce can feel overwhelming, especially when emotions are involved. If you’re wondering how to get a divorce in Australia, the process has been made simpler and more accessible.
In this guide, you’ll find clear answers to the most frequently asked questions about the divorce process in Australia, including the divorce requirements in Australia, how long separation needs to be, whether court attendance is necessary, and what happens if children or disagreements are involved.
What Are the Legal Steps in How to Get a Divorce in Australia?
To begin the divorce process in Australia, the first step is to lodge a formal application for divorce through the Federal Circuit and Family Court of Australia. This can be done online using the Commonwealth Courts Portal. You can apply either by yourself (a sole application) or together with your former partner (a joint application), depending on your situation and level of cooperation.
If you’re asking how to get a divorce in Australia, it’s important to know that the Court does not consider who was at fault for the marriage breakdown. Australia follows a no-fault divorce system, meaning the Court is only interested in whether the marriage has broken down beyond repair. This is legally called an “irretrievable breakdown,” which is shown by being separated for at least 12 continuous months.
Before starting your application, you’ll need key documents such as your marriage certificate. If the certificate is not in English, a certified translation must also be included. You may also need extra documents if you’re asking for special arrangements, such as proof of separation while living under one roof.
The online form will ask for detailed information about your marriage, separation, living arrangements, and personal details. It is important to complete this accurately and thoroughly. After submitting the application, you’ll be required to pay a court filing fee unless you’re eligible for a reduction or exemption.
If you’re applying jointly, both parties sign and submit the application together. If you’re applying alone, then you’ll need to arrange service of the documents to your spouse, which means officially giving them a copy in a way the Court accepts.
After the Court receives your application, they will assess whether:
- The application is properly completed
- You’ve met the divorce requirements in Australia
- The marriage is legally recognised under Australian law
- Any children under 18 are being properly cared for
If everything is in order, the Court will set a hearing date. Most divorces are handled without anyone needing to attend court, especially in joint applications. The Court will then issue a divorce order, which becomes final after one month and one day from the hearing.
So, if you’re searching how to get a divorce in Australia, know that the process is designed to be accessible, and much of it can now be done online. Being prepared with accurate information and supporting documents makes the experience smoother and more efficient.
Also Read: What Happens to Citizenship After Divorce in Australia?
How Long Do You Need to Be Separated Before You Can Get a Divorce in Australia?
A big part of the divorce process in Australia is showing that the marriage has ended. To do that, you must be separated from your spouse for at least 12 months and 1 day before applying.
This separation doesn’t always mean living in different houses. You can still be separated and live under the same roof. However, in those cases, you’ll need to provide extra details to explain how you lived separately even though you were in the same home.
The divorce requirements in Australia do not change based on how long you’ve been married. Whether it’s 2 years or 20, the separation period stays the same.
If you and your spouse try to get back together during the separation but it doesn’t work, the law allows one short attempt. As long as you were separated again within 3 months, your original separation period can still count.
So, if you’re thinking how to get a divorce in Australia, make sure you’ve been living apart (emotionally and/or physically) for at least 12 months.
Do I Need to Attend Court When Applying for a Divorce in Australia?
In most cases, no. You do not need to attend a court hearing for your divorce. This is a recent improvement in the divorce process in Australia.
If you and your spouse are applying together (a joint application), you do not need to go to court at all. Even if you apply by yourself (a sole application), you still may not have to attend court especially now that the rules have changed.
The only time you might be asked to attend is if your application is missing information or if the Court needs more details, especially if there are children under 18.
But even then, the Court often handles these matters through online systems or video calls. You won’t be asked to show up in person unless absolutely required.
Also Read: Amicable Divorce: Legal Insights for a Smooth Journey
Can I Apply for Divorce in Australia If My Spouse Doesn’t Agree?
Yes. You do not need your spouse’s agreement to apply for a divorce. The divorce requirements in Australia are based on the fact of separation, not mutual consent. This allows one party to move forward even if the other does not want the marriage to end.
If you’re applying alone (a sole application), the law requires you to “serve” your spouse with a copy of the divorce application and supporting documents. This is not a request for approval — it is a formal legal step to ensure they are properly informed.
Service can be arranged through post, in person, or via a third party such as a process server. You must also prove to the Court that service was completed correctly, usually by filing an affidavit.
Even if your spouse refuses to accept the documents or ignores them, there are legal ways to proceed. For instance, you can apply to the Court for substituted service or dispensation of service if personal service is not possible.
This allows the Court to approve alternate methods of delivering the documents, such as by email, through a relative, or by publishing a notice.
If your spouse receives the papers and chooses to respond, they can file a Response to Divorce.
However, their response must be based on valid legal grounds, such as arguing that the 12-month separation period has not been met or that the Court does not have jurisdiction (for example, if neither of you lives in Australia or is an Australian citizen). Simply not agreeing with the divorce is not enough to stop it.
In some situations, your spouse may not be able to be located at all. The Court still allows the divorce process in Australia to continue in these cases, as long as you’ve taken reasonable steps to try to find them and have asked the Court for permission to serve them in a different way.
Also Read: Can You Divorce Without Getting a Lawyer?
How Do Children and Parenting Arrangements Affect How to Get a Divorce in Australia?
If there are children under 18, the Court must be satisfied that proper arrangements are in place for their care before granting a divorce. This doesn’t mean everything needs to be finalised legally—it just means the Court needs to know that the children are being looked after.
When you file your divorce application, you’ll be asked questions about:
- Who the children live with
- Who they spend time with
- Their schooling and health
- Financial support
This is part of the standard form and helps the Court understand the situation.
Now, if you want parenting orders (legal arrangements about children), you’ll need to take a separate step. Before applying, both parents are usually required to attend Family Dispute Resolution (FDR) with a registered practitioner.
This is to help you try to work things out without going straight to court. If there’s been family violence, or other serious issues, there are exceptions.
You do not need parenting orders to get divorced. But if you’re sorting out child-related matters at the same time, that becomes part of a different process, even though it often happens around the same time.
So if you’re asking how to get a divorce in Australia and you have children, know that the divorce itself won’t be delayed—as long as you show that the kids are being cared for properly.
Moving Forward With Confidence
Getting a divorce can feel stressful, but understanding the process helps you feel more in control. The question of how to get a divorce in Australia often starts with uncertainty, but the legal steps are designed to be fair and clear.
Once you meet the separation period, fill out the right forms, and provide basic information about your situation, the Court can make the decision.
Whether you’re dealing with children, a non-cooperative spouse, or just want to avoid court altogether, the updated divorce process in Australia gives you more flexibility and support to move forward.
Need Help Starting the Divorce Process?
Do you need expert guidance on how to get a divorce in Australia without added stress?
Justice Family Lawyers can help you understand your rights, complete your documents correctly, and ensure every part of the divorce process in Australia is handled with care.
Whether you’re applying alone or with your former partner, our experienced family lawyers are here to support you every step of the way. Contact us today to get clarity and start planning your next steps with confidence.
Principal of Justice Family Lawyers, Hayder specialises in complex parenting and property family law matters. He is based in Sydney and holds a Bachelor of Law and Bachelor of Communications from UTS.
