How to Apply for Divorce — Step-by-Step Guide

Divorce in Australia is a federal process. This guide explains the steps to apply for divorce, including eligibility, filing online, serving documents, fees and what happens next.

Am I eligible to apply?

• The marriage has broken down irretrievably.
• You’ve been separated for at least 12 months (you can be “separated under one roof” with extra evidence).
• You meet residency/citizenship requirements and have your marriage certificate (with translation if not in English).

DIY divorce or get help?

Many straightforward divorces can be completed yourself. Review the Court’s guidance and flowchart, then file online via the Commonwealth Courts Portal. If your situation is complex, or you prefer us to prepare it, we can help.

• How do I apply for divorce? (Court guidance)
• How to apply – flowchart (PDF)
• Commonwealth Courts Portal (eFiling)

Step-by-step: filing online

1. Create or log in to the Commonwealth Courts Portal.
2. Complete the Application for Divorce and (if prompted) the Affidavit for eFiling.
3. Upload required documents (marriage certificate; proof of jurisdiction if needed).
4. Pay the filing fee (reduced fee may apply if eligible).
5. Your hearing details will appear in your Portal file; many hearings are electronic.
6. After the hearing, the divorce order is available in the Portal one month and one day later.

Serving your application (sole applications)

If you file a sole application, you must serve the sealed documents on your spouse within the required timeframes. Use the official kit and service guide:

• Divorce Service Kit (Do-It-Yourself Kit)
• Serving a divorce (sole applications)

Costs & reduced fee

The Court updates fees periodically. Check current amounts and eligibility for a reduced fee (note: in a joint application, both parties must qualify):

• Family law fees (official)

After divorce: property & time limits

A divorce does not decide parenting or property. If you need property/financial orders, there’s generally a 12-month time limit after your divorce becomes final to start a case (different rules apply to de facto).

We can help

You’re welcome to complete the divorce yourself. If you’d like support with the application, service, or related parenting and property issues, contact Family Law Tweed Heads for clear advice and fixed-fee options. You can also review our family law services.