Introduction: Why understanding the divorce process matters

Divorce is a significant legal and personal transition. Beyond the emotional challenges, there are also important legal and financial steps to navigate. Many people begin by asking the same question: “How do I actually get a divorce?”

The process in Australia is relatively straightforward, but it does require meeting specific legal requirements. Whether you are looking for a step-by-step explanation or guidance on divorce in Australia involving children or shared property, this guide walks you through every stage. From separation to final court orders, you can use this article to move forward with more clarity and less stress.

The legal framework for divorce in Australia

Divorces in Australia are governed by the Family Law Act 1975 (Cth) and processed through the Federal Circuit and Family Court of Australia (FCFCOA). Australia has a “no-fault” divorce system, which means the only ground for divorce is the irretrievable breakdown of the marriage.

The court does not examine the reasons for the marriage breakdown. Instead, it looks at whether the couple has been separated for at least 12 months and 1 day.

Step 1: Meet the basic eligibility requirements

Before applying for divorce in Australia, you must ensure:

• You are legally married: This includes marriages registered in Australia or recognised under Australian law if they occurred overseas.
• Separation period: You and your spouse have been separated for at least 12 months and 1 day.
• Residency or citizenship: At least one spouse must be an Australian citizen, ordinarily live in Australia and regard it as their permanent home or have lived in Australia for at least 12 months immediately before applying.

Example: If you separated on 1 January 2024, the earliest you can file for divorce is 2 January 2025.

Step 2: Understanding separation

What counts as “separation”?

Separation occurs when at least one party communicates that the marriage has ended and acts consistently with that decision. You do not need both parties to agree for separation to begin.

Separation under one roof

In some cases, couples remain living together for financial or practical reasons after separation. This is known as “separation under one roof”. In such cases, the court may expect evidence such as separate bedrooms, separate social lives, limited shared activities and changes to how finances are managed. Affidavits from friends or family who know about your situation can also be helpful. 

Example: Sleeping in separate rooms, managing finances independently and informing friends or family of the separation can help establish separation under one roof.

Step 3: Applying for divorce

There are two types of divorce applications in Australia:

Sole application

• One spouse applies for divorce.
• The application must be served on the other party.

Joint application

• Both spouses apply together. No service of documents is required since both agree to the divorce.

Applications are submitted electronically through the Commonwealth Courts Portal. If you are unsure how to prepare the application or what evidence is required, speaking with a family lawyer before filing can help avoid delays or rejection.

Fees: As of 2025, the filing fee for a divorce application is $1,060, although reduced fees may apply if you hold certain concession cards or face financial hardship.

You can use Bark to compare family lawyers in Australia , read reviews and find someone who can guide you through the paperwork and court process at a pace and price that suits you.

Step 4: Court process and hearings

• No children under 18: If there are no children under 18, the divorce is usually dealt with on the papers without a court appearance.
• Children under 18: If children are involved, at least one spouse must attend the hearing. The court will want to be satisfied that proper arrangements are in place for their care, welfare and development.
• Once the court is satisfied, it will grant a divorce order. The divorce becomes final one month and one day after the order is made.

Where paperwork is complete and there are no complications, the hearing is usually brief and limited to confirming eligibility and child (<18 years) arrangements.

Step 5: Property and parenting arrangements

Even if you agree on property or parenting arrangements, it is usually wise to formalise those agreements through consent orders or a binding financial agreement, rather than relying on informal arrangements alone. A family lawyer can explain the pros and cons of each option. 

It is important to understand that divorce does not resolve property, financial or parenting matters automatically. These are separate processes under family law.

• Property settlement: You must commence property settlement or spousal maintenance proceedings within 12 months of the divorce becoming final.
• Parenting orders: Decisions about custody and parenting are made separately, always focusing on the best interests of the child.

Step 6: After the divorce is finalised

Once your divorce order takes effect:

• You are legally divorced and free to remarry.
• Property settlement timelines begin (12 months to file).
• Consider updating your will, superannuation beneficiaries and insurance policies to reflect your new circumstances.

Common challenges in the divorce process

• Disputes about separation dates: Particularly when couples separate under one roof.
• Serving documents: In sole applications, difficulties may arise if you cannot locate your spouse. Alternative service methods may be required.
• Complex property or parenting issues: While the divorce itself is usually straightforward, property and parenting matters can become complicated and often require legal advice.

How family lawyers can help

While it is possible to apply for divorce without legal assistance, many people engage a family lawyer to ensure the process is handled correctly and efficiently. Lawyers can:

• Ensure your application is completed correctly and submitted on time.
• Help provide evidence in “separation under one roof” cases.
• Advise on property settlements, spousal maintenance and parenting arrangements.
• Represent you in court if necessary.

Example: A family lawyer can help a separated couple formalise property division alongside their divorce, ensuring neither misses the strict 12-month deadline to file.

If you do not already have a lawyer, you can use Bark to request quotes from family law firms near you, compare their experience and communication style and choose the one you feel most comfortable working with.

Conclusion: Moving forward with confidence

Understanding how to get a divorce in Australia helps you navigate the process with greater certainty and confidence. While the process is designed to be clear and accessible, there are important timelines and requirements to keep in mind. 

For personalised advice on your situation, from separation under one roof to property settlement, connecting with an experienced family lawyer through Bark can make the process feel more manageable and less overwhelming.