Understanding the Divorce Application Process in Australia

Going through a divorce can be one of life’s most emotionally and legally challenging experiences. If you’re considering ending your marriage, understanding how the divorce application process works is a crucial first step.

From separation rules to court filings, this guide explains the key steps involved and how legal support can help you move forward with confidence.

The Legal Grounds for Divorce

Australia follows a no-fault divorce system. This means the only requirement is proving the irretrievable breakdown of the marriage, shown by 12 months of separation. You don’t need to show that either party was at fault.

All divorce applications are handled by the Federal Circuit and Family Court of Australia.

Who Can Apply for Divorce?

To file a divorce application, at least one of the following must apply:

You or your spouse consider Australia your permanent home,
You’re an Australian citizen (by birth, descent, or grant), or
You’ve lived in Australia for at least 12 months before applying.
You can apply jointly with your spouse or individually as a sole applicant.

The Divorce Application Process

Here’s a breakdown of the divorce application process in Australia:

Step 1: Separation

You must be separated for at least 12 months. This includes couples who are separated but still living under one roof (extra documentation is required in these cases).

Step 2: Filing the Application

Applications are submitted online via the Commonwealth Courts Portal. You’ll need to:

Provide your marriage certificate
Pay the application fee (reduced fees may apply)
Submit supporting documents (especially if children are involved)

Step 3: Serving the Documents

If you apply as a sole applicant, you’ll need to serve the documents on your spouse at least 28 days before the court hearing (42 days if they live overseas).

Step 4: The Divorce Hearing

For joint applications with no children under 18, a hearing may not be required.
If applying alone or if children are involved, a court appearance is usually necessary.

The court will assess:

Whether suitable arrangements have been made for children
If separation requirements are met
That the application was properly served

Step 5: Finalisation

If approved, the divorce becomes final one month and one day after the hearing. You’ll then receive a Divorce Order via the online portal.

What About Property and Parenting Matters?

It’s crucial to understand that divorce is separate from property settlement and parenting arrangements. These must be dealt with either before or soon after the divorce is granted. Time limitation periods apply once you are divorced. You only have 12 months from the date your divorce becomes final to make a property claim.

Why Consult aDivorce Lawyer?

While some divorces are straightforward, complications often arise—especially when children or shared property are involved.

A divorce lawyer can help by:
Preparing and filing your application correctly
Advising you on your legal rights and obligations
Representing you in court, if needed
Assisting with property division or parenting plans

Need Help with Your Divorce?

At Terry Anderssen Lawyers, we understand the emotional toll and legal complexity of ending a marriage. Our compassionate and experienced Brisbane divorce lawyers are here to help you navigate the process and protect your future.