What is the 12-month separation requirement for divorce in Australia?
Under the Family Law Act 1975 (Cth), the only ground for divorce in Australia is irretrievable breakdown of the marriage, demonstrated by at least 12 months of separation. You must have been separated for a continuous period of at least 12 months immediately before filing. Separation can occur while still living under the same roof — you will need to provide an affidavit explaining the circumstances if you lived together during the separation period.
What is the difference between a sole application and a joint application for divorce?
A sole application is filed by one spouse without the other. The applicant must serve the divorce documents on the other spouse after filing. A joint application is filed by both spouses together and eliminates the need for service. Joint applications require both parties to sign the application and are generally faster to process. If you and your spouse both agree to the divorce and can coordinate the paperwork, a joint application is the simpler option.
How do I file a divorce application online in Australia?
You file your application through the Commonwealth Courts Portal at comcourts.gov.au, which is administered by the Federal Circuit and Family Court of Australia (FCFCOA). You will need to create a portal account, complete the online divorce application form, upload your marriage certificate and any required affidavits, and pay the filing fee. The portal guides you through each step and allows you to track your application.
What is the divorce filing fee and is there a reduced fee option?
The standard filing fee for a divorce application in Australia is currently $1,060. A reduced fee of $355 applies if you hold a health care card, pension concession card, or commonwealth seniors health card, or if you can demonstrate financial hardship. You apply for the reduced fee at the time of filing by ticking the relevant option in the Commonwealth Courts Portal and providing proof of your concession card or a financial hardship declaration.
What are the service requirements for a sole divorce application?
If you file a sole application, you must serve the sealed copy of the application and any documents filed with it on your spouse at least 28 days before the hearing date (or 42 days if the other party is overseas). Service must be personal service — in person by you or a third party over 18 who is not a party to the proceeding — or by another method approved by the court. You must then file an Affidavit of Service confirming service was carried out. You cannot serve the documents yourself.
What happens when there are children under 18 at the time of the divorce application?
If there are children of the marriage under 18, the court must be satisfied that proper arrangements have been made for their care, welfare, and development before granting a divorce. You do not need a parenting order in place, but you must address the children in the application. The court will consider whether the arrangements are appropriate. Divorce only ends the marriage — it does not deal with property settlement, spousal maintenance, or parenting arrangements, which are separate proceedings.
Do sole applicants need to attend the divorce hearing?
If there are no children of the marriage under 18 and no objection to the divorce, you generally do not need to attend a hearing for a joint application. For a sole application with no children under 18, attendance is usually not required either and many matters are dealt with on the papers. If there are children under 18, the applicant in a sole application must attend the hearing unless the court excuses attendance. Check your hearing notice carefully for attendance requirements.
What does a divorce order cover and what does it not cover?
A divorce order ends your legal marriage under Australian law. It does not deal with property division, superannuation splitting, spousal maintenance, or parenting arrangements for children. These are entirely separate legal proceedings under the Family Law Act 1975 (Cth). You have 12 months from the date the divorce order takes effect to apply to the court for property settlement orders. After that time you generally need the court's leave to apply.
Does any part of the Australian divorce process require notarization?
The divorce application itself does not require notarization. Your marriage certificate must be provided — if it is in a foreign language, a certified translation by a NAATI-accredited translator is required. Affidavits supporting your application must be sworn or affirmed before an authorised witness such as a Justice of the Peace, solicitor, or notary public. This is witnessing of a statutory declaration rather than notarization for international purposes.
How does uplaw.ai help with filing for divorce in Australia?
Tell uplaw.ai your situation — when you separated, whether you and your spouse are filing jointly or separately, whether you have children under 18, and any concerns about service or attending the hearing. We walk you through the Commonwealth Courts Portal application process, help you prepare your affidavits, and explain what to expect at each stage.
Free to start
Filing for divorce in Australia? Tell uplaw.ai what you need.
No account required. uplaw.ai walks you through the Commonwealth Courts Portal application and helps you prepare your affidavits.