How to Apply for Divorce in Australia

Not all marriages have a happy ending. It is also not uncommon for spouses to separate after being together for some time. Whatever the reason is for your separation, making your separation official can help you start moving on sooner. Moreover, knowing how to apply for divorce in Australia can help make the process less stressful.

A lot of marriages end up breaking down, leaving both parties and their families confused and hurt. Moreover, the divorce process in Australia can become quite complex, time-consuming and expensive. While you can choose to represent yourself, it would be best not to go through with it alone.

Advice from experienced family lawyers can help resolve complexities, and reduce the time spent and costs of the divorce process. A good family lawyer who will really listen and understand your circumstances can also lessen the confusion, stress, and hurt. Thus, enabling you to take the first step toward making your separation official – with confidence.

The Divorce Process in Australia

Australia has a “no fault divorce” principle in place, under the Family Law Act 1975 (Cth). This means that the Court will not consider the reason for the divorce – whatever it may be. Instead, it will only accept that the marriage has broken down and that there are no possibility of getting back together.

The divorce process in Australia, like other countries, can be straightforward and simple. However, some circumstances and situations can make it complex and difficult. While you can go through it alone, getting help from experienced family lawyers can make the process more efficient.

Separation

Separation is when one or both parties to a marriage decide to end everything with no plans to reconcile. It is not necessary to register a separation officially. However, it is important to take note of when you and your former spouse have made the decision to separate. Why? Because you may only file your Application for Divorce after at least 1 year and a day after your separation.

Ending a marriage may lead to former spouses choosing to live separately. However, there are some situations where they continue living under one roof. You can still get a divorce in such circumstance, but you must present an affidavit of separation to the Court. This may include changes in living arrangements and statements from friends and relatives confirming your separation.

Application

There are several documents that you must prepare before you can apply for divorce in Australia, e.g., Marriage Certificate, signed Application for Divorce. You cannot apply for a divorce if you don’t have a copy of your Marriage Certificate. If you don’t have a copy, you may apply to the Births, Death and Marriages registry to get one.

You may file your Application for Divorce by yourself (sole application), or together with your former spouse (joint application). However, if your former spouse does not agree to the divorce, you must serve them a copy of the application. In addition, you must meet several jurisdictional requirements before the Court decides to deal with your case.

After filing your application, the Court will list your case for a hearing. You must ensure that the Application for Divorce has been served to your former spouse 28 days before the hearing. Also, depending on your circumstance, you and your former spouse won’t have to be present during the hearing.

The Hearing

Child custody matters, parenting arrangements, and property settlements are not included in divorce proceedings in Australia. Such family matters are dealt with in a different manner and negotiations can commence immediately after separation. However, the Court will require you to present future arrangements if a child or children under 18 are involved.

As long as you have satisfied the requirements for the divorce, the Court will pronounce your Divorce Order. The Court may approve your application even if your former spouse doesn’t agree to proceed with the divorce. Moreover, your application for divorce may be approved even if you and your spouse no longer live in Australia.

When the Divorce is Finalised

Your divorce will only be made final one (1) month and one (1) day after the hearing. Hence, you must refrain from making any plans to remarry immediately after the hearing. Instead, wait until the Court has pronounced a fixed date for the finalisation of your divorce.

Once it has been finalised, the Court will issue the Divorce Order. This will officially dissolve your marriage, and you may proceed with your plans to remarry.

Apply for a Divorce in Australia

VC Lawyers understands how difficult and stressful going through a divorce can be. Accepting that your marriage has ended is one of the most emotionally challenging decisions you have to make in life. It not only affects both parties in marriage, but also their families. Moreover, it can also impact the future wellbeing of your child or children.

With the right advice from an experienced family lawyer, you can trust that the process will be less daunting, confusing, and stressful. Understanding your rights and obligations will also help relieve some of the stress of the divorce process. More importantly, a good family lawyer on your side can ensure that you and your child’s best interests are carefully considered.

Our experienced family lawyers have helped resolve different family law matters. We listen with kindness and compassion, and give the right advice for your circumstances. Hence, you can have more control over the changes in your life and overcome any challenge during the divorce process.

We will guide you through your divorce with utmost professionalism and empathy for your situation. By doing so, we can also reduce the time and costs spent navigating your family matters. Thus, we can help finalise your divorce process more efficiently, so you can heal and start anew faster.

Talk to us and find out how we can guarantee the most favourable outcome for you when you decide to apply for a divorce in Australia.

NB: This blog post is neither a legal advice nor intended to be such, and is only for general information. The same should not also be taken as a financial or commercial advice. The reader must personally consult their professional adviser/s on the contents of this blog post. VC Lawyers is not liable for any loss or damage, direct or consequential, as a result of the reader’s or a third person’s misconstruction of the wordings or use/misuse of the contents of this blog post.

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16 September 2025 No Comments

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