Divorce is never an easy decision. But the legal process itself does not have to be stressful. In Australia, you can apply for divorce online without ever stepping into a courtroom.

Most of the process is done online, which saves you time and stressful court appearances. This guide walks you through everything you need to know, from checking if you qualify to what happens after you hit submit. Here is everything you need to know about applying for divorce in Australia right now.

Understanding Australia’s Divorce Laws 

The FCFCOA says divorce applications should be filed via Commonwealth Courts Portal. You can submit your documents, track your case, and view your orders in one place. 

But before you start, you need to meet a few basic requirements.

You must:

• Show that your marriage has broken down irretrievably
• Have been separated for at least 12 months and one day
• Meet Australia’s jurisdiction requirements

For jurisdiction, at least one spouse must be an Australian citizen, an Australian permanent resident, or have lived in Australia for 12 months or more.

You will also need a copy of your marriage certificate.

What You Need Before You Start

Getting all your information at hand before opening the application will save you a lot of time and energy.

Here is what to have ready:

• A clear copy of your marriage certificate
• If the certificate is not in English, you will need a translated version with an affidavit attached
• Your full legal name and contact details
• Your spouse’s details
• Your marriage date and place
• Your separation date
• Details about any children under 18 and their current living arrangements
• Your citizenship or residency information
• Details of any previous court proceedings
  

For the filing fee payment, you will need a scanner, a printer, and either a Visa or Mastercard.

Make sure all dates and spellings are correct before filing. A missed document or incorrect separation date can cause delays.

How to Apply for Divorce Online

Step 1: Set Up Your Commonwealth Courts Portal Account

Visit the Commonwealth Courts Portal and create an account if you haven’t done so already.

Use your legal name. If your name has changed, ensure the name you enter matches your official documents.

Or

You hire AU Divorce. So they collect your details, draft your divorce papers, and file them. The court portal will be managed by them, so you don’t have to worry about it. 

Step 2: Fill In the Divorce Application

Choose the divorce application and fill out the details once you are in the portal.

There are questions on the form about your marriage, separation date, children, and connection to Australia. Pay close attention to the separation date. Separated for at least 12 months and 1 day is required by the court.

Information about children under 18 should be honest and accurate. Keep in mind that divorce does not create parenting or property orders. Those are handled separately.

Be sure to review the form before moving on.

Step 3: Upload Documents and Submit

Attach your supporting documents, starting with the marriage certificate.

The Affidavit for e-Filing (Divorce) is a vital part of the application. It must be signed and witnessed by an authorized person, such as a Justice of the Peace or a lawyer. Documents can be rejected if witnessing is done wrong.

Once everything looks right, submit the application through the portal.

For some reason, you may not be able to file online. Contact the Court directly.

Step 4: Pay the Filing Fee

When you submit your application online, you can use a Visa or Mastercard to pay the fee.

How Much Does It Cost?

As of 1 July 2026, the fees are:

The reduced fee is applicable to people who meet certain financial criteria. Before you pay, check the Court’s guidance.

Check the current fee on the Court’s website before you file, because it changes. Also remember, the filing fee is just one cost. It may cost extra to hire a lawyer, translate documents, or deal with separate property or parenting matters.

AU Divorce prepares your court documents, checks them, and files them through the Commonwealth Courts Portal. So you don’t risk your filing being rejected.

Joint vs Sole Application: Which One Do You Choose?

Joint applications are filed by both spouses together. Each of you signs the affidavit and participates in the process. It is usually simple when you both agree on a divorce.

Sole applications are filed by one spouse alone. This is absolutely valid, but it comes with extra steps. You must legally serve your spouse with the court documents. So make sure your partner gets all the documents he or she needs.

Even if your spouse refuses to cooperate, you can still apply. Divorce in Australia is no-fault, so you do not need their agreement. However, if they are hard to find, live overseas or denying the application, get legal advice before moving ahead. 

What Happens After You File?

Filing is not the end of the process. After you submit your application, the court processes it. You will be notified if a court hearing is required. For sole applications, ensure it is served properly on your spouse and proof of service is completed.

The divorce order will be made if everything goes according to plan. Divorce proceedings usually become final 31 days after the hearing. But, it may be shortened or lengthened by special order. The marriage does not legally end on the hearing date itself. Do not plan to remarry until the order is final.

After the divorce is finalised, your divorce order can be accessed and printed through the Commonwealth Courts Portal without extra charge (for divorces finalised after February 2010). Keep a copy somewhere safe.

What the Divorce Does NOT Decide

This is really important and worth saying clearly.

A divorce ends the marriage. It does not:

• Divide your property or assets
• Sort out your finances or superannuation
• Set up parenting arrangements
• Deal with child support

These are all separate matters that need to be dealt with separately.

In most cases, you have 12 months to apply for a financial or property order after your divorce becomes final. After that, you may need a court’s permission.

Do not leave this to the last minute.

Common Divorce Application Online Mistakes to Avoid

Many people make small errors that cause big delays. Here are the most common ones:

• Wrong separation date: Check this carefully against any records you have
• Unclear scanned documents: Make sure everything is readable
• Incorrectly witnessed affidavit: If not signed before an authorized witness (JP or lawyer), the court will reject your application, causing weeks of delays
• Assuming joint divorce sorts out finances – It does not
• Not serving the documents properly for a sole application
• Inconsistent names or dates across documents
• Thinking the hearing date is the final divorce date – It is not
• Forgetting the 12 month property deadline after divorce

FAQs

Can I apply for divorce if we still live in the same house?

Yes. This is called being separated under one roof. The Court requires an additional affidavit if that occurred within 12 months before filing. A witness affidavit is also required in a sole application.

Can I serve the divorce papers myself?

No, not by hand. You can usually serve your spouse by post, by having another adult over 18 hand him or her the documents. In Australia, service must usually happen 28 days before hearing; overseas, 42 days before.

Do I have to attend the divorce hearing?

Usually not. Divorce hearings are generally conducted electronically by phone. Attendance is required in specific situations, such as when the applicant elects to attend or the respondent opposes the divorce.

What if I’ve lost my marriage certificate or my current name is different from the certificate?

You can get a copy if you got married in Australia from the Registry of Births, Deaths and Marriages. If you cannot get the certificate, you may need to file an affidavit if the names on your application do not match those on the certificate.

Can my spouse stop the divorce by disagreeing with it?

Not usually. Australia has no-fault divorce. So, a spouse’s refusal doesn’t stop a sole application. However, they can file a Response to Divorce if they say key facts are wrong or disputed.

Let AUDivorce Make It Simple

Filing an Australia divorce application does not involve expensive lawyers and confusing paperwork. At AU Divorce, we help everyday Australians apply for divorce online with confidence. Our team prepares your documents right, guides you through every step, and keeps your costs low.

Ready to apply for divorce online? Contact AU Divorce today and we will help you get it right the first time.