How to Get Divorced in Australia: What You Need to Know

Divorce is never easy, but understanding the process can help you feel more in control during a challenging time. If you're considering divorce in Australia, it's important to know what to expect and how to prepare. While every situation is unique, this guide offers a general overview of the process to help you take the first step with confidence.

The Basics of Divorce in Australia

In Australia, divorce is handled under the Family Law Act 1975, and the process is overseen by the Federal Circuit and Family Court of Australia. Australia follows a no-fault divorce system, which means the only ground for divorce is the irretrievable breakdown of the marriage, demonstrated by 12 months of separation.

What Does Separation Mean?

Separation doesn’t always mean living in different homes. You can be separated under one roof, as long as you’re living separate lives. This can be a complex area, especially when children or financial matters are involved, and it’s often where people start to feel overwhelmed.

Applying for Divorce

You can apply for divorce on your own (a sole application) or together with your spouse (a joint application). The application is submitted online through the Commonwealth Courts Portal. If you have children under 18, the court will need to be satisfied that proper arrangements are in place for their care.

What Divorce Doesn’t Cover

It’s important to understand that divorce is separate from issues like property settlement, spousal maintenance, and parenting arrangements. These matters are handled separately and can be resolved before or after the divorce is finalised.

Why Professional Support Matters

While the process may seem straightforward on paper, the emotional and practical realities of divorce are often anything but. From navigating paperwork to negotiating parenting plans or property division, having the right support can make all the difference.

As family lawyers based in Melbourne, we work with individuals and families every day who are facing these challenges. Our goal is to help you move forward with clarity, confidence, and compassion.

How much does it cost to divorce in Australia?

Currently as of May 2025 the Court fee is $1,100, reduced fee $365.

Is everything split 50/50 in a divorce in Australia?

What is the first step to divorce in Australia?

How to ask for a divorce?

Do you need a reason for a divorce in Australia?

Ready to Talk?

If you're thinking about divorce or just want to understand your options, we invite you to reach out. Whether you're ready to begin or just need someone to listen, we are here to help.

Contact us today to book a confidential consultation and take the first step toward your next chapter.

Please keep in mind this is general information and does not constitute legal advice.