Do you want to end your marriage? You might be thinking, “How do I apply for divorce in Australia?” For most people, the answer is a lot easier than expected. Australia has a no-fault divorce system. If you want to apply for a divorce in Australia, you must meet particular legal requirements. You do not have to prove anyone did anything wrong. You just need to follow a few basic rules. 

The purpose of this blog is to explain who can apply for divorce, how to pursue a divorce, and what qualifications you must meet.

Who Is Allowed to Apply for Divorce in Australia?

You can apply for divorce if you or your spouse meet Australia’s jurisdiction requirements.

In general, at least one spouse has to:

• You must be an Australian citizen. (by birth, descent, or grant).
• Australia is your home or you intend to live here indefinitely.
• You live in Australia and have so for 12 months before filing.

The court’s online application guidance also describes the eligibility and residency proof needed. This means both spouses do not necessarily need to be Australian citizens.

For example, one spouse might qualify if they are Australian citizens, while the other lives abroad.

Australian Citizens

Australian citizens can meet the requirements for a divorce in Australia. This includes people born in Australia, those with Australian parents, and those who were granted citizenship. If you became a citizen by grant, you need to provide a citizenship certificate. Being a citizen does not change the other requirements for divorce. You still need to prove that you have been separated and that your marriage has ended permanently.

People Who Live in Australia

You may qualify based on where you live. If you are lawfully present in Australia and plan to stay, you can qualify if you have lived in Australia for at least 12 months. You can use your passport with arrival dates and a current visa as proof. This option is important for non-citizens. The court looks at your situation when you submit your application.

Australians Living Overseas

Living outside Australia does not stop you from applying for a divorce in Australia. You can still qualify if you or your spouse is an Australian citizen or meets other residency rules. If you are overseas, extra rules may apply to serving documents. Sometimes, you may need to provide an Australian address for service.

How Long Must You Be Separated Before Applying for Divorce?

Generally, you must be apart for at least 12 months and 1 day before filing a divorce application. Separation must show that marriage is over and reconciliation becomes impossible. Both spouses do not need to live at different addresses. You can sometimes remain in the same home while separated. However, if spouses live under the same roof, you need additional evidence.

What Counts as Separation in Australia?

Separation is more than just spending time apart. At least one spouse must believe the marriage is over. This intention should be clearly shared with the other spouse. The court looks at the reasons for separation to decide if the required time has passed. The application must state when the separation began. If there’s a disagreement about the date, the court might ask for more proof.

Can You Be Separated While Living Together?

Separated spouses can continue to live at the same address. This is commonly called separation under one roof. Because the court needs more information to verify that the marriage ended. For a sole application, an affidavit may be necessary. In a joint application, both parties must provide affidavits and proof of evidence.

Can You Apply for Divorce If You Have Children?

Having children does not prevent you from applying for divorce. Divorce applications must include details about the children’s current arrangements if you and your spouse have kids under 18. This process confirms that the court is satisfied that suitable arrangements are in place.

What Arrangements Must Be Provided?

The application should give detailed information for the court to understand the children’s circumstances.

Among them:

• Where the children live
• Who provides day-to-day care
• Schooling
• Health arrangements
• Contact with each parent
• Financial support
• Reasons for any unusual or limited arrangements

Divorce does not determine parenting, property or financial disputes. These matters may require separate legal proceedings.

What Documents Do You Need to Apply for Divorce?

A divorce application normally requires a copy of your marriage certificate. It is necessary to provide proof of your marriage and explain why it was not possible to obtain the certificate. If your certificate is not in English, the court will need an affidavit about the translation.

The exact evidence depends on your qualification. According to your answers, the court’s online application process gives you clear instructions.

What If You Cannot Find Your Spouse?

The application requires your spouse’s address for service. If you cannot find your spouse after making reasonable efforts, you may state that the address is unknown. You may need to apply again for permission to use a different method of service or to skip the service altogether.

The court’s options if the search fails:

• Substituted Service: The court may serve papers via an alternative method, such as email, social media, or a close relative.
• Dispensation of Service: Request that the court spare you from filing the papers because you cannot locate your spouse.
• Submit Affidavit: Submit a sworn statement describing your failed search results, last known locations, and inquiries.

How To Apply For Divorce In Australia?

To get a divorce, you should file online using the Commonwealth Courts Portal. You can fill out the application on your own or ask a lawyer to help you. The court offers an easy online process that lets you create and submit your divorce application. You can also access court documents and orders through the portal.

Step 1: Check Your Eligibility

Before starting, confirm that:

• You or your spouse meet the requirements for Australian law.  
• Your marriage has ended permanently.  
• You have been separated for at least 12 months and 1 day.  
• You have a valid marriage certificate.  
• If you have children under 18, you can provide their information if needed.

Step 2: Choose Sole or Joint Application

Make a clear decision about applying alone or with your spouse. If your spouse doesn’t agree or doesn’t want to participate, you can submit a sole application. A joint application requires both of you to cooperate and sign it.

Step 3: File the Application Online

Use the court’s online divorce application. Check all details carefully before you submit it. Errors in dates, names, or other information can cause delays or require you to make corrections.

Step 4: Attend Court When Required

You may need to go to court based on your case. Courts have rules for divorce cases, especially when kids are involved. Make sure to follow the instructions you get after you file.

Step 5: Receive the Divorce Order

If the court grants the divorce, the order becomes final under the applicable legal process. Generally, a divorce order is final one month and one day after the hearing, unless the court says something different.

FAQs

How Much Does It Cost to Apply for Divorce in Australia?

The filing fee for a divorce application is currently $1,170. If you have a concession card or face financial hardship, you may qualify for a reduced fee of $390. Court fees can change, so check the current fee before you submit your application.

Do I Need a Lawyer to Apply for Divorce?

No. You can file your own divorce application using the Commonwealth Courts Portal. It is best to get legal advice if your situation is complicated. This is like when the separation date is disputed, your spouse disagrees, or there are issues with evidence or served papers.

Can My Spouse Refuse or Stop the Divorce? 

Your spouse cannot stop a divorce just because they do not want it to end. They can file a reply to divorce if they believe there is a legal reason for it. They can also respond if they think the application has incorrect information. In Australia, there are limited reasons to oppose a divorce.

Can I Apply for Divorce If I Have Been Married for Less Than Two Years? 

Yes, as long as you meet the standard divorce requirements and separation period. After June 10, 2025, couples who have been married less than 2 years no longer need counseling or a certificate to file for divorce.

When Can I Remarry After a Divorce? 

You cannot remarry just because your divorce application was heard or granted. You have to wait until the divorce order is final. Usually, this is one month and one day after the divorce is granted. If the Court decides differently, follow that order.

Final Thoughts

Getting a divorce in Australia is easier than many people think. You need to meet 3 basic criteria: you must have a valid marriage, live separately for 12 months, and have a real connection to Australia. Recent changes in the law have made the process even simpler, with fewer forms to fill out and less time in court. 

Firms like AUDivorce help regular Australians prepare simple, accurate divorce applications online. You can rely on them if you wish to divorce in Australia.