Deciding to end a marriage is never easy, and the process can feel overwhelming. At Seton Family Lawyers, we understand the emotional and legal complexities involved, and we’re here to help you navigate this challenging time. If you’re considering separation and wondering how to get a divorce in Australia, this guide will walk you through the essential steps and provide insight into what to expect from the legal system.
Understanding divorce in Australia
Australia follows a no-fault divorce system, meaning neither party has to prove wrongdoing for a divorce to be granted. The only requirement is that the marriage has irretrievably broken down, demonstrated by living separately for at least 12 months with no reasonable chance of reconciliation.
It is possible to live together in the same home and still be separated. This is known as being separated but living under one roof. It is also possible to attempt reconciliation, but such period or periods do not count towards the 12 months of separation.
Divorce is a legal process that dissolves the marriage but does not determine parenting arrangements, or financial and property settlements. These matters require separate legal agreements or court orders.
Meeting the eligibility requirements
To apply for a divorce in Australia, you must satisfy the following criteria:
- You have lived in Australia for at least 12 months before applying.
- The marriage must have broken down irretrievably, with a minimum 12-month separation period.
- If you have been married for less than two years, you must consult a family counsellor before applying.
Preparing your application
Divorce applications in Australia are lodged through the Federal Circuit and Family Court of Australia. You can apply as an individual (sole application) or with your spouse in a joint application.
A joint application is more straightforward, as both parties agree to the divorce and receive court notifications simultaneously. If you file a sole application, you are required to serve divorce papers to your spouse.
Filing for divorce
The divorce application is completed online via the Commonwealth Courts Portal. You will need:
- A copy of your marriage certificate (translated if not in English).
- Proof of citizenship or residency, if applicable.
- Payment for the filing fee (which may be reduced if you qualify for financial hardship).
Once filed, the court sets a hearing date, if required (usually only necessary in sole applications with children under 18, or if there are service issues or other complications that arise in the particular case).
Serving divorce papers
If you have made a sole application, you must serve your spouse with the divorce papers. This is typically done through:
- Personal service (delivered by a process server or a trusted adult).
- Service by post (if your spouse is cooperative and willing to sign an acknowledgment of receipt).
- Service by email (only in cases where the court permits it).
Your spouse doesn’t have to agree to the divorce, but they must acknowledge receipt of the documents. If your spouse can’t be located, you may apply for substituted service or a dispensation of service through the court.
Attending the divorce hearing
For joint applications, or cases where spouses do not have children under 18, a court appearance is often not required. However, if you have children under 18 and have filed a sole application, you must attend the hearing to confirm, among other things, appropriate parenting arrangements are in place.
At the hearing (or in chambers in the case of most joint applications or sole applications without children), a registrar will review the application, and if everything is in order, they will grant the divorce. The divorce becomes final one month and one day after the court issues the divorce order.
What happens after your divorce is granted?
Once the divorce order is issued, you’re legally divorced and free to remarry. However, other legal matters may still need to be resolved, such as:
- Parenting arrangements (including visitation agreements for children).
- Property settlement (dividing assets, debts, and financial agreements).
- Spousal maintenance (if applicable).
A property settlement must be finalised within 12 months of the divorce being granted, or you may need special permission from the court to apply later.
Divorce can be emotionally challenging, even when both parties agree to separate. Seeking professional guidance from an experienced family lawyer ensures that your rights are protected and related issues—such as property division and parenting arrangements—are handled with care.
Contact the Central Coast’s best divorce lawyers to get the support you need
Seton Family Lawyers are experienced and accredited family law specialists. Contact us today to book an appointment so we can help and guide you through your divorce and parenting arrangements. We settle 98% of cases outside of court and are conveniently located in Erina, NSW. Our Central Coast family law specialists can help achieve the best outcome for you and your family.
