To get a divorce in Australia, you must be separated for at least 12 months, meet the legal eligibility requirements under the Family Law Act 1975 (Cth), and lodge a formal Application for Divorce with the correct court. If you live in Western Australia, that’s the Family Court of WA rather than the Federal Circuit and Family Court of Australia (FCFCOA).
This guide walks you through exactly what to do, from checking eligibility to receiving your divorce order.
How to Get a Divorce in Australia: At a Glance
| Requirement | Summary |
| Governing law | Family Law Act 1975 (Cth), Part VI |
| Minimum separation | 12 months (section 48) |
| Divorce system | No-fault |
| Apply alone or together | Sole or joint application |
| Court | Family Court of WA or FCFCOA (all states/territories except WA) |
| Court attendance | Not usually required (unless you apply alone and have children under 18) |
| Need a family lawyer? | Recommended for complex cases |
Who Can Apply for a Divorce in Australia?
You can apply for a divorce if your marriage has broken down irretrievably, you and your spouse have been separated for a continuous period of at least 12 months immediately before you file, and either of you is an Australian citizen, was born in or is a citizen of Australia by descent, or has been living in Australia and treats it as your permanent home for at least the 12 months before applying.
Section 48 of the Family Law Act 1975 makes irretrievable breakdown the only ground for divorce, established through 12 months of separation. Australia’s no-fault system means the court never examines why the marriage ended, only whether the required separation period has passed. Under section 50, you’re permitted one reconciliation attempt of up to three months without resetting the clock. If you separate for three months and reconcile for two, you only need a further nine months apart to meet the requirement.
You can still apply if you separated while living under the same roof, provided you can prove to the court’s satisfaction that the marriage genuinely ended, through evidence such as separate finances and changed sleeping arrangements. If neither of you holds Australian citizenship, the court instead looks at domicile: where you regard as your permanent home and intend to live indefinitely, which is separate from your visa status.
What Do You Need Before Applying for a Divorce?
Before you start your application, gather the following:
- Your marriage certificate (translated and certified by an accredited translator if it isn’t in English)
- Photo identification
- The exact date you separated (along with any evidence supporting it)
- Details of any children under 18 (including their current living and care arrangements)
- Affidavit evidence if you separated under one roof
Additionally, you’ll need to pay the filing fee. In Western Australia, an Application for Divorce (Form 3) currently costs $1,170, with a reduced fee of $390 for eligible concession card holders. The fee applies from 1 July 2026 under annually reviewed government regulations. If you were married less than two years, note that a counselling certificate was previously required before filing. That requirement was removed by amendments to the Family Law Act that took effect on 10 June 2025, so it no longer applies.
Before You Start Your Divorce Application
Before you begin your divorce proceedings, ensure you have completed the necessary preparation. Spending a couple of minutes preparing will save you from any possible delays or requests for additional documents later.
Prior to applying for a divorce, ensure you:
- Have been separated from your spouse for at least 12 months
- Have decided if you will be applying on your own or together (sole or joint)
- Have your marriage certificate (along with an English translation if necessary)
- Know which court you need to apply to, depending on where you live
- Have information on any children under 18 years old, and their living situation
How to Get a Divorce in Australia: Step-by-Step Process
Step 1 — Confirm You Meet the Divorce Requirements
Check the 12-month separation period under section 48, your citizenship, residency, or domicile status, and that your marriage is legally recognised in Australia. A common mistake is applying before the 12-month mark has genuinely elapsed. Or it’s using a separation date that doesn’t match your supporting evidence.
Step 2 — Decide Between a Sole or Joint Application
The joint application requires consent from both parties. It’s easy and quick because it does not involve the process of officially serving the other party. The sole application requires the application of one party only. However, the other party will have to be officially served with the papers.
Step 3 — Gather Your Documents
Collect your marriage certificate, photo ID, and separation evidence as outlined above. An uncertified translation of an overseas marriage certificate is one of the most common reasons applications get sent back for correction.
Step 4 — Complete the Divorce Application
Fill out the Application for Divorce (Form 3). Ensure that all the information regarding your marriage, the date of your separation, citizenship or permanent residence status, and whether you have children from the relationship is correct. Make sure to verify the date of separation by cross-checking with your supporting documentation. Mismatched information is often one of the most common reasons why an application is rejected at the registry level.
Step 5 — Lodge Your Application Online
Submit your application online using either the Commonwealth Courts Portal or the eCourts Portal of Western Australia in case you live in Western Australia. Both portals allow you to complete the form in stages, save your progress, and submit it electronically once you’re ready.
Step 6 — Serve the Divorce Papers (Sole Applications Only)
If you’ve filed alone, you must formally serve your spouse with the sealed application. Then file an Affidavit of Service confirming they received it. Incorrect or undocumented service is a leading cause of delays. So, a professional process server is worth the modest cost if you’re unsure how to proceed.
Step 7 — Attend the Divorce Hearing (If Required)
Following legislative changes that took effect on 10 June 2025, most applicants, even those applying alone with children, are no longer required to attend a hearing by default. You will have to attend if you ask to, if your spouse has filed a Response to Divorce, or if the court orders you to attend.
Step 8 — Receive Your Divorce Order
Once the court determines that all conditions of section 48 have been satisfied, including that proper arrangements have been made for any children under 18., it will grant the divorce order. Under section 55, the divorce becomes final one month and one day later. You’re legally free to remarry from that date.
What Happens If Your Situation Is More Complicated?
- Separated under one roof: You’ll need affidavits from yourself, and ideally someone who can independently confirm the change, covering separate finances and sleeping arrangements.
- Married overseas: You can still apply provided you meet the citizenship, residency, or domicile test, but you’ll need a certified English translation of your marriage certificate.
- Married less than two years: A counselling certificate is no longer required under the amendments that took effect on 10 June 2025, though the court may still expect the application to reflect that reconciliation genuinely isn’t likely, given how recently the marriage began.
- Children under 18: Section 48 dictates that there should be adequate arrangements made for the care of the children, although a hearing is generally no longer required to establish this. A divorce order doesn’t itself decide parenting or property matters, and you have 12 months from the date your divorce takes effect to apply for property or financial orders before needing the court’s permission to do so late.
How Do You Get a Divorce in Western Australia?
Western Australia is the only state where divorce applications aren’t filed with the FCFCOA. Instead, they go through the Family Court of Western Australia, using the eCourts Portal of WA rather than the Commonwealth Courts Portal used elsewhere. The Family Court of WA is a state-based court but still applies the Commonwealth’s Family Law Act 1975 to divorce matters, so the eligibility rules and 12-month separation requirement are identical to the rest of Australia.
The process itself mirrors the national steps above, but your signed affidavit must be witnessed by an authorised person, such as a Justice of the Peace or a lawyer, before lodging. Perth residents should always confirm they’re using the WA-specific portal and forms, since applying through the wrong system is a common and entirely avoidable delay.
Serving a sole application also works slightly differently in WA. Once your spouse has been served, you’ll need to file proof of service with the Family Court of WA before the court will proceed, so it’s worth keeping a clear paper trail from the moment you engage a process server.
Can You Apply for Divorce Online in Australia?
Yes. Most divorce applications in Australia are completed and lodged online. If you live in Western Australia, you’ll apply through the eCourts Portal of WA. Applicants in all other states and territories use the Commonwealth Courts Portal. Both systems allow you to complete your application online, upload supporting documents, pay the filing fee, and track your case.
When Should You Speak to a Family Lawyer?
While many divorce applications are straightforward, legal guidance could save you from making costly mistakes and facing delays and stress, particularly in case your situation requires more attention.
A consultation with a family lawyer might be appropriate for you when:
- Your spouse is overseas or can’t be found
- You have separated while living under the same roof
- There has been a history of family/ domestic violence
- Your spouse disputes the divorce application or the date of separation
- You do not understand how the court process works and what paperwork you need to provide
- You want to make sure that the application is done right
FAQs About Getting Divorce in Australia
- How long does it take to get a divorce in Australia?
You need 12 months of separation before applying, and once granted, your divorce order becomes final one month and one day later under section 55 of the Act. Most straightforward applications are finalised within three to four months of filing.
- Do I need a lawyer to get a divorce in Australia?
Not always, if the divorce is simple and uncontested. But engaging a lawyer is recommended if one of the spouses is missing, there was domestic violence in the marriage, disputed facts or issues concerning citizenship/overseas marriage.
- Can I apply for divorce while living under the same roof?
Yes, provided you can prove that the marriage has indeed ended, usually by affidavits about financial and accommodation matters.
- Can I get divorced if I was married overseas?
Yes, as long as either you or your spouse fulfil the citizenship or domicile requirements. You will require an officially translated copy of your marriage certificate in English.
- Can I Get a Divorce If My Spouse Doesn’t Agree?
Yes. Your spouse doesn’t need to consent to the divorce. Australia follows a no-fault divorce system, so provided you’ve met the legal requirements and correctly served the application (for sole applications), the court can grant a divorce even if your spouse objects or refuses to participate.
Ready to Apply for Divorce in Western Australia?
Wondering whether your situation is as simple as it looks, or worried a documentation mistake could delay things by months?
Get Trusted Legal Support for Your Divorce by Hoe Lawyers in Perth
Every divorce has its own complications, from overseas marriages to disputed applications, and getting it right the first time matters. At Hoe Lawyers, we’ve guided Perth families through divorce and separation since 2009, with hands-on experience navigating the Family Court of WA’s processes and portal requirements.
A short conversation with our divorce lawyers can save you months of delay and help you avoid the documentation errors that most commonly hold applications up.