How To File For Divorce In Australia
Getting a divorce in Australia involves meeting eligibility requirements and completing your application through a uniform national process.
The 5-step process
Step 1 – meet eligibility requirements: the marriage must have broken down irrevocably, arrangements for any children must be in place, you must have been separated for 12 months, and you must meet residency and citizenship requirements, pay the filing fee, and complete counselling if married less than two years. Step 2 – prepare the application (sole or joint; both parties sign if filing jointly). Step 3 – serve the application, for sole applicants only, giving the former spouse 28 days to respond. Step 4 – file with the court, lodging the application with the Federal Circuit Court along with a marriage certificate and proof of service. Step 5 – attend a hearing, required for sole applications involving children under 18.
Frequently asked questions
Is a lawyer required?
No — self-representation is possible, including online filing via the Federal Circuit Court's portal.
What's the filing fee?
Currently $910, reduced to $305 for eligible applicants.
Where do I file?
With the Federal Circuit Court of Australia, online or in person at a registry.
How long does it take?
Generally about four months from filing to finalisation.
Is the process different in Queensland?
No — the same steps apply nationwide.
What documents are required?
A marriage certificate, proof of identity, and (for sole applications) evidence of separation.