Getting divorced in Australia

Last checked: 31 October 2026

The short answer

To get a divorce, you must show the marriage has broken down and there is no reasonable chance you will get back together. You prove this by being separated for at least 12 months and 1 day. You apply online through the Commonwealth Courts Portal, alone or jointly. A divorce becomes final 1 month and 1 day after it is granted, and that date starts a 12 month time limit for property and spouse maintenance claims.

Key dates and time limits

• You can file once you have been separated for 12 months and 1 day.
• Sole application: serve your spouse at least 28 days before the hearing if they are in Australia, or 42 days if they are overseas.
• The divorce becomes final 1 month and 1 day after it is granted, unless the court orders otherwise.
• Property and spouse maintenance: apply within 12 months after the divorce becomes final, or you need the court's permission.

Step by step

1. 1

   Check you can apply

   You or your spouse must be an Australian citizen, or live in Australia and intend to keep living here, with at least 12 months here. You need your marriage certificate. A certificate in another language needs a translation and an affidavit from the translator.

2. 2

   Count your separation

   You must have been separated for 12 months and 1 day. You can be separated while living under the same roof. If you were, you need to file an affidavit explaining how things changed, and it helps to have an affidavit from another person too.

3. 3

   Choose sole or joint

   In a joint application you both sign and no service is needed. In a sole application only you sign, and you must serve the documents on your spouse.

4. 4

   Apply on the Commonwealth Courts Portal

   Register at comcourts.gov.au and complete the Application for Divorce online. Sign the Affidavit for eFiling Application (Divorce) in front of a lawyer or Justice of the Peace. The fee is $1,170, or $390 if you are eligible for a reduced fee, such as with a health care card (as at October 2026).

5. 5

   Serve your spouse (sole applications)

   You cannot serve the papers yourself. Use post if you are sure your spouse will sign and return the Acknowledgment of service, or have someone over 18 hand them over. If you cannot find your spouse, you can ask the court for an order about service.

6. 6

   The hearing

   Divorce hearings are held electronically. You may need to attend, for example if you applied alone and there are children under 18, or if your spouse opposes the divorce. The court must be satisfied that proper arrangements have been made for children under 18.

7. 7

   When it becomes final

   The divorce becomes final 1 month and 1 day after it is granted. You can download your divorce order free from the Portal the day after. Divorce does not deal with children or property, which need separate arrangements.

Who can help

Forms and the law