How to Apply for Divorce Online in Australia After 12 Months of Separation

Can you apply for divorce after 12 months of separation?

Australia has a no-fault divorce system. The Court does not decide who caused the marriage to end. The legal ground is that the marriage has broken down irretrievably and there is no reasonable likelihood that the spouses will resume married life.

Before filing, you must have been separated for at least 12 months and 1 day. For example, the Federal Circuit and Family Court of Australia explains that if separation occurred on 7 November, an application cannot be filed until 8 November the following year.

At least one spouse must also have the required connection to Australia. Either you or your spouse must be an Australian citizen, regard Australia as home and intend to live in Australia indefinitely, or ordinarily live in Australia and have done so for the 12 months immediately before filing.

What counts as separation?

Separation does not require both spouses to agree. One spouse can bring the marital relationship to an end, but the intention to separate must be communicated to the other spouse in some way.

The required period is ordinarily continuous. However, the Family Law Act provides a limited rule where spouses resume cohabitation once for a period of less than three months and then separate again. In qualifying circumstances, the periods of separation before and after that reconciliation can be added together, while the period of resumed cohabitation itself does not count toward the 12 months.

What if you were separated but lived in the same house?

You can be separated while continuing to live at the same address. If you lived under the same roof for any part of the 12 months before filing, the Court requires additional affidavit evidence showing that the marital relationship had ended.

Relevant evidence can address changes in sleeping arrangements, shared activities, household duties, finances and whether family or friends were told about the separation. The affidavit should also explain why you continued living in the same home.

For a joint application, the Court's guidance says each spouse should provide affidavit evidence. The Court also recommends corroborating evidence from an independent person who knows about the circumstances.

Should you make a sole or joint divorce application?

The same online Application for Divorce supports both options, but the procedure after filing is different.

Sole application

With a sole application, one spouse is the applicant and the other is the respondent. Only the applicant signs the application. The respondent does not have to consent to the divorce or sign the application, but the filed documents must be formally served on them.

Joint application

With a joint application, both spouses are joint applicants and both must sign the application. You do not need to serve the divorce application on each other.

Agreement to file jointly does not mean you have resolved parenting, property or financial matters. Divorce legally ends the marriage but does not determine those separate issues. Where you have already reached an agreement and need court orders about parenting or property, see how to apply for consent orders in Australia.

What documents do you need?

Every applicant must provide a copy of the marriage certificate. The Court does not require the original certificate for the standard application.

If the marriage certificate is not in English, it must be translated. The translator must complete an Affidavit Translation of Marriage Certificate, attach the original certificate and the translation, state their qualifications to translate it, and have the affidavit sworn or affirmed before an authorised witness such as a Justice of the Peace or lawyer.

If you cannot obtain a marriage certificate after reasonable attempts, the Court may require an affidavit explaining the marriage and why formal evidence cannot be obtained. Depending on the circumstances, additional proceedings about the validity of the marriage may be necessary.

You may also need to upload evidence supporting your Australian citizenship or residence if the Court cannot determine jurisdiction from the information in your application.

How to apply for divorce online

For the standard federal process, Applications for Divorce should be eFiled through the Commonwealth Courts Portal. The guided online form allows you to prepare the application, upload documents, pay the filing fee, select an available court date and later access your court file and orders.

The Court checks filed material for basic filing requirements. If something needs to be corrected before the application can proceed, you may be contacted and asked to rectify it.

If you are applying through the Family Court of Western Australia

Western Australia has a separate court administration and online filing route. Divorce applications handled by the Family Court of Western Australia are filed through the eCourts Portal of Western Australia, not the Commonwealth Courts Portal.

The Western Australian process includes preparing the required documents, completing the online application, signing the required affidavit before an authorised witness, finalising the application, paying the fee and, for a sole application, completing service. The divorce filing fee from 1 July 2026 is the same A$1,170 standard fee or A$390 reduced fee.

How much does an Australian divorce application cost?

From 1 July 2026, the filing fee for an Application for Divorce is A$1,170. GST does not apply to the court fee.

The reduced divorce fee is A$390. You may qualify if you are the primary holder of an eligible government concession card, receive specified government assistance such as Legal Aid, Youth Allowance, Austudy or ABSTUDY, are under 18, are an inmate or otherwise legally detained in a public institution, or qualify because payment of the full fee would cause financial hardship.

For a joint application, both applicants must qualify for the fee reduction. Otherwise, the full filing fee applies.

How do you serve a sole divorce application?

Service is mandatory for a sole application. If your spouse is in Australia, the divorce documents must be served at least 28 days before the hearing. If your spouse is overseas, service must occur at least 42 days before the hearing.

You cannot personally serve the documents on your spouse by hand. Service by hand can be carried out by another person aged over 18, such as a friend, family member or professional process server. Service by post is possible where you are confident your spouse will sign and return the Acknowledgment of Service. A lawyer may also accept service if the lawyer has confirmed in writing that they will do so.

After service, the required evidence of service must be filed with the Court through the relevant online portal.

What if you cannot find your spouse?

If you have made reasonable attempts but cannot locate your spouse, you may need to ask the Court for an order for substituted service or dispensation of service. These are separate court orders and you should not simply skip the service requirement.

Do you have to attend the divorce hearing?

Every divorce application is given a court date, but attendance is not automatically required in every case. Current federal court rules allow many straightforward sole and joint applications to be determined without the parties attending.

Attendance is required or may become necessary where, for example, you have asked to attend, the respondent has requested attendance in relevant circumstances, a Response to Divorce opposing the application has been filed, or you are seeking substituted service or dispensation of service.

It is also advisable to attend if additional evidence may need to be explained, including a period of separation under one roof or a material change in circumstances after filing.

Federal divorce hearings before registrars are conducted electronically.

What information is required if you have children under 18?

If there are children of the marriage under 18, the application asks for information about their arrangements. This can include housing, care arrangements, schooling, health, contact with each parent and financial support.

The Court must be satisfied about the relevant circumstances before making the divorce order. However, the divorce itself does not create parenting orders or decide parenting disputes.

Following changes that took effect in June 2025, a sole applicant is not required to attend solely because there are children under 18. Attendance may still be required for another reason or requested by a party.

What happens after you file?

The application is listed for a court date. For a sole application, make sure service is completed within the required timeframe and that proof of service is filed before the hearing.

If the Court is satisfied that the legal and procedural requirements have been met, a registrar can grant the divorce. If more evidence or another procedural step is required, the application may be adjourned and directions given about what you must do next.

If the divorce is granted, it normally becomes final one month and one day later, unless the Court makes a special order shortening or extending that period. Do not remarry until the divorce has become final.

For federal applications, proof of divorce can then be downloaded from the Commonwealth Courts Portal after finalisation. Western Australian divorce records are obtained through the Western Australian court system.

Does divorce finalise property or parenting issues?

No. Divorce only legally ends the marriage. It does not automatically divide property, determine financial support or establish parenting arrangements.

A significant deadline starts once a divorce becomes final: married parties generally have 12 months after the divorce takes effect to commence eligible financial or property proceedings. After that period, court permission or another applicable basis may be needed to proceed.

Common divorce application mistakes to avoid

• Filing before the full 12 months and 1 day has passed.
• Entering an incorrect separation date or failing to explain how separation was communicated.
• Failing to provide affidavit evidence when you lived under the same roof after separation.
• Uploading a non-English marriage certificate without the required translation and translator's affidavit.
• Assuming a sole application requires the other spouse's consent.
• Failing to serve a sole application at least 28 days before the hearing in Australia or 42 days before the hearing when the spouse is overseas.
• Trying to serve the divorce documents personally by hand.
• Failing to file the service evidence after serving a sole application.
• Assuming that divorce automatically resolves parenting, property or financial matters.
• Planning to remarry before the divorce order has actually become final.