Divorce isn’t just signing papers or splitting assets. It’s about closing the door on a life you once believed in. It is grief wrapped in legal paperwork.
Thousands of people in Australia are walking this same difficult path every year. Scared of the society, confused about the legal complexities. Wondering how to close this chapter, how to co-parent, how to breathe again.
At Hoe Lawyers,we’ve seen the question on hundreds of clients’ faces, “How do I apply for divorce?” with equal parts fear and resolve. Fortunately, divorce in Australia follows a structured & no-fault approach. Plus, we’re also here to help.
Let us guide you on everything associated with divorce application Australia. So, you can lead the pathway with more confidence & less uncertainties.
You don’t have to do this alone. You shouldn’t have to.
Divorce: Overview in Australian Legal Setup
Divorce in Australia is governed by the part VI of Family Law Act 1975, with most recent amendment in 2024. This comprehensive legislation provides the foundation for all family-related legal matters across the country. Including:
- Requirements for applying for divorce
- Handling child custody
- Property division
- Spousal maintenance
So that these sensitive issues are approached with fairness and legal consistency.
The body responsible for administering divorce matters is the Federal Circuit and Family Court of Australia. A national court system formed through the amalgamation of the former two federal courts to streamline processes and prevent duplication.
Trend of Divorces in Australia: Key Statistics
Over the past decade, Australia has seen consistent divorce rates, with roughly 1 in 3 marriages ending in divorce.
Source: Australian Bureau of Statistics
In 2023, approximately 48,700 divorces are recorded from overall Australia. The average marriage duration till separation is 8.4 years. While formal divorce occurs around 12.2 years into the marriage.
Interestingly, the highest rate of divorce is shifting towards older couples (40-50 years). In 2023, average age of divorce has reached 48 years in males & 44 years in females. The reasons include mid-life changes in goals, values, and personal development.
Understanding these figures will help normalise the experience. So, people can realise that they’re not experiencing it alone.
Australia’s No-Fault Divorce System: What It Means?
Australia operates under a no-fault divorce system, means the Court does not require for cause of the divorce. You don’t have to search for old arguments or prove someone was unfaithful. The only proofs needed are:
- You have been separated for at least 12 months
- There is no likelihood of reconciliation.
This system aims to reduce hostility between separating couples make the process less bitter. Instead, the focus is on resolving important matters like finances & parenting arrangements. Contributing to a more peaceful and constructive separation path.
Important Considerations Before Serving a Divorce Application
Before filing for divorce application Australia, there are several important factors to consider. Factors that can increase the complexity of your case & require for additional arrangements. Let’s discuss them one by one.
1. How long have you been separated?
A minimum of 12 months separation is mandatory before filing a divorce application. It makes sure that the decision was not momentary & marriage is completely ended. In case of reconciliation, the 12-month clock resets if you’re together for more than three months.
2. Are you filing a sole or joint application?
You can apply for divorce on your own (sole application) or with your former partner (joint application). Joint application shows mutual agreement and its process is simplified.
However, for sole application, you are responsible for serving a divorce application to your spouse. Means you have to deliver it to your partner after getting a court approval. Or apply for the dispensation of service.
3. Have you been married for two years?
The time period is calculated from the date of registration to the date for filing a divorce application. If your marriage is lasted less than two years, you must go for a reconciliation attempt with partner and submit a counselling certificate with your application.
Source: Federal Circuit & Family Court of Australia
The court makes sure that you’ve thought through before dissolving such a short marriage.
4. Do you have your marriage certificate with you?
The most important thing to dissolve a marriage is to prove it existed in the first place.
You’ll need to show valid marriage certificate to the court in order tolodge your application. It can either be Australian or translated and certified if foreign. Without it, the application may be rejected or delayed.
5. Did you get married overseas?
You can still file for divorce in Australia, even if you married overseas. As long as you fulfil the following conditions:
- One or both of the partners are Australian citizens,
- The couple is currently residing in Australia
- They have lived in Australia for at least 12 months before applying.
You’ll need a translated and certified copy of your marriage affidavit if it took place abroad.
6. Are you separated but still living at the same residence?
Known as separation under one roof, this allows couples to be legally separated while sharing a home. To prove this, you need to show changes in:
- Sleeping arrangements
- Financial independence
- Social activities
- Household responsibilities
- Communication with family/friends
Just prove to the court that you two are not living as a couple. And the process will proceed without any complication.
7. Are there any children involved?
That is the part where things get the most complicated. If children under 18 years are involved, the Court must be satisfied that suitable parenting arrangements are in place. E.g.
- Education
- Housing
- Emotional wellbeing
- Safety
The child’s best interest remains the top priority of Australian law.
8. Is there any conflict over property or finances?
You do not need to resolve property or financial settlements before applying for divorce. But once a divorce is granted, you’ll have 12 months to finalise these matters through Consent Orders or Financial Orders.
At Hoe Lawyers, we help clients achieve fair settlements to avoid future complications.
Filing a Divorce Application Australia: Simplified Process
| Step | What to Do |
| 1. Check Eligibility | Must be separated for 12+ months and meet residency or citizenship criteria. |
| 2. Prepare Documents | Marriage certificate, ID, proof of separation, and children’s details (if any). |
| 3. File Application | Apply online via Federal Circuit Court or Commonwealth Courts portal. |
| 4. Serve Papers | Serving a divorce application is required only for sole applications. Use a process server or registered post. |
| 5. Attend Hearing | Only needed if there are children under 18 or special circumstances. |
| 6. Divorce Finalised | Divorce order issued 1 month + 1 day after approval. |
For more details, read: How to Get a Divorce? A Step-by-step Process
How Religion Impacts Divorce in Australia
Although divorce in Australia is governed by secular law. Religious beliefs & regulations can still affect a person’s decision-making.
Let’s explore the common religious contexts:
1. Christianity
Christian denominations differ in views on divorce. The law permits it, but some faith communities encourage counselling and reconciliation first. Religious ceremonies do not affect the legal validity of the divorce.
You can get help from our catholic lawyers in case of any confusion.
2. Islam
Muslims follow Talaq (divorce by husband) or Khula (divorce by wife with consent). The Islamic practices ask for reconciliation before filing a divorce. Even if a religious divorce is granted, you still need to file a legal divorce in Australia through the Family Court.
3. Judaism
Jewish law requires a Get (religious divorce document). Even after civil divorce, failure to obtain a Get may affect one’s ability to remarry within the Jewish faith. Again, a civil divorce remains legally binding regardless of religious procedure.
Divorce for Same-Sex Marriages in Australia
Since the amendment of the Federal Marriage Act on 9 December 2017, same-sex marriages are legally recognised in Australia. (Source) As such, same-sex couples have the same rights and responsibilities as heterosexual couples.
So, the process to file for divorce remains identical, including:
- 12-month separation
- Court application
- Parenting or property arrangements where relevant
Hoe Lawyers proudly supports all couples through this transition. So, they can uphold their legal rights with dignity.
How Divorce Law Differs in Western Australia
Western Australia operates under the Family Court of WA, which manages divorces, parenting, and financial matters. While it follows the national Family Law Act, it has its own processes and court systems. Differences include:
- Online applications via the eCourts Portal of WA
- Separate court registry systems
- State-run services for counselling and mediation
At Hoe Lawyers, based in Perth, we have extensive experience dealing with the Family Court of WA. So, we can support every client of Perth in this jurisdiction.
Have questions about your rights or next steps in divorce?
Consult with Hoe Lawyers: Perth’s Trusted Divorce Law Firm
Since 2009, our experienced family lawyers have been helping Perth families. Settling all divorce, property, and child custody disputes with professionalism and compassion.
We make sure your divorce in Western Australia results in a fair, workable, and cost-effective outcome. So, if you’re thinking about separation or want to submit your divorce application, clarity and support are only a phone call away.
Get Details of Our Divorce & Separation Services
Contact Us for Confidential Advice
and let’s start planning your next chapter.
FAQs
How do I apply for divorce in Australia?
You must be separated for at least 12 months and file a divorce application through the Federal Circuit and Family Court of Australia. If in WA, use the Family Court of WA.
What documents are needed for a divorce application?
You need your marriage certificate, identification, and details about children, assets, and financial support.
How long does a divorce take in Australia?
Once filed, the process takes around 3–4 months. Provided all documents are correct and the application is uncontested.
Do I have to go to Court for divorce?
In most cases, no court attendance is required and you can apply for divorce online. Unless there are children involved or the application is contested.
How much does divorce cost in Australia?
Court fees are about $1060 (as of 2025), but fee reductions can apply. Legal fees depend on complexity and representation.