Understanding the Legal End of a Marriage: How To Get A Divorce In Australia
This guide provides a clear, step-by-step overview of how to get a divorce in 2025.
While separation marks the physical end of a relationship, a divorce is the legal process that formally dissolves a marriage. For many, it’s a final, crucial step towards moving forward.
In Australia, the process is “no-fault,” meaning you don’t have to prove that your spouse did anything wrong to cause the marriage breakdown.
Step 1: Meet the Eligibility Requirements
Before you can apply for a divorce, you must meet certain criteria.
- Separation Period: You and your spouse must have been separated for a continuous period of at least 12 months and one day. You can be separated but still living under the same roof during this time.
- Proof of Marriage: You must provide the court with a copy of your marriage certificate.
- Jurisdiction: Either you or your spouse must be an Australian citizen, live in Australia and consider it your permanent home, or ordinarily live in Australia and have done so for 12 months before filing.
- Marriages Less Than Two Years: If you have been married for less than two years, you are required to attend a counselling session and obtain a certificate before you can apply for a divorce.
Step 2: Prepare and File Your Application
The application for divorce is filed through the Federal Circuit and Family Court of Australia’s online portal.
- Sole vs. Joint Application: You can apply on your own (sole application) or together with your spouse (joint application). A joint application is often simpler and quicker as it shows you both agree to the divorce.
- Completing the Form: The online application form will ask for details about your marriage, separation, children, and citizenship. It’s essential to complete it accurately.
- Filing Fee: A fee is payable to the court upon filing. You may be eligible for a reduced fee if you hold certain government concession cards.
Step 3: Serve the Documents (For Sole Applications Only)
If you file a sole application, you are legally required to “serve” the divorce papers on your spouse.
This means ensuring they receive a copy of the stamped application and other relevant documents so they are aware of the proceedings. This step is not required for a joint application. You can serve the documents by:
- Post: Sending them via registered mail.
- In Person: You or a third party over 18 can give the documents to your spouse directly.
- Hiring a Process Server: A professional who will serve the documents for a fee.
Step 4: The Court Hearing
Once the application is filed and served, the court will set a date for a hearing.
- If you have no children under 18: You are generally not required to attend the court hearing.
- If you have children under 18: You (or your lawyer) must attend the hearing to satisfy the court that proper arrangements have been made for the children’s care.
The judge will review the application to ensure all legal requirements have been met. If satisfied, the court will grant a divorce order.
Step 5: The Divorce Becomes Final
Your divorce is not finalised on the day of the court hearing. The divorce order becomes final one month and one day after it is granted by the court. Once it is final, you are legally free to remarry.
Important Note: A divorce simply ends the marriage. It does not resolve issues related to property settlement or parenting arrangements. There are strict time limits for initiating property settlement proceedings after a divorce becomes final, so it’s vital to seek legal advice.
The process of getting a divorce in Australia is straightforward and administrative. By understanding the key steps—from meeting the separation requirement to the final order—you can approach the process with confidence and clarity. Finalising your divorce is a significant milestone that allows you to formally close one chapter and begin the next.
Need assistance with your divorce application?
Ensuring your application is completed and filed correctly can save time and prevent unnecessary stress. Sheridan Legal can guide you through every step of the divorce process, from preparation to finalisation.
Call us on (02) 6562 3300 or visit our Book an Appointment page to schedule a call or meeting to discuss.
This article is part of our 4-part series on Family Law. Read our other articles here:
- What Am I Entitled To? A Clear Guide to Property Settlement in Australia
- Parenting Arrangements in Australia: A Practical Guide for Separated Parents
- Spousal Maintenance in Australia: Are You Entitled to Financial Support?