In short
To get divorced in Australia, you must have been separated for at least 12 months. Australia has no-fault divorce, so you can apply on your own or jointly with your ex. The court fee is $1,170 from 1 July 2026 ($390 if eligible). Your divorce becomes final one month and one day after it's granted.
How does divorce work in Australia?
Australia has a no-fault divorce system - you can apply once you've been separated for at least 12 months, and the court doesn't look at why the marriage ended. The only thing the court needs to be satisfied of is that your marriage has broken down and there's no reasonable chance you'll get back together. The 12 months' separation is how you prove that.
You don't need your ex's agreement to apply. You can apply together (a joint application) or on your own (a sole application).
Who can apply for divorce in Australia?
You can apply for divorce if:
- you've been separated for at least 12 months and 1 day, and
- either you or your spouse is an Australian citizen, regards Australia as home and plans to live here indefinitely, or has ordinarily lived in Australia for the 12 months before applying.
It doesn't matter where you got married. Couples married overseas can divorce in Australia if they meet the rules above.
Separated but still living under the same roof?
That's allowed. You'll need to file extra sworn statements (affidavits) showing how your relationship changed - things like sleeping arrangements, finances, household duties and social life. A statement from a friend or family member helps.
Tried to make it work?
If you got back together once, for less than 3 months, then separated again, you can add the time apart before and after together. If you were back together for more than 3 months, the 12 months starts again.
Married less than 2 years? Since 10 June 2025 you no longer need a counselling certificate or the court's permission. The 12-month separation rule is all that applies.
What's the difference between a sole and joint application?
A joint application is signed by both of you, so no one has to be served and it's usually quicker. A sole application is signed only by you, and your ex must be formally served with the papers.
Joint application
You both sign. No one has to be served with court papers, so it's usually quicker and simpler. This is what our $899 Simple Divorce covers.
Sole application
Only you sign. Your ex must be formally served with the papers at least 28 days before the hearing (42 days if they're overseas). You can't hand them over yourself.
Can we divorce if we have children under 18?
Yes, you can still divorce. Before granting it, the court has to be satisfied that proper arrangements are in place for any children of the marriage under 18 - including step-children and any child treated as part of the family. Your application explains the arrangements for where they live, their schooling, health and care.
The divorce itself doesn't make parenting arrangements legally binding. If you want that, you'll need parenting consent orders.
How does ezysplit handle my divorce?
Rachel prepares your application, a lawyer checks it, and it's filed for you.
- Tell Rachel your storyRachel checks you meet the 12-month rule and the citizenship or residence test, and flags anything extra you'll need - like a separation under one roof affidavit or a translated marriage certificate.
- A lawyer confirms you're eligibleAn Australian family lawyer checks your situation before any work starts.
- Your application is preparedRachel prepares your Application for Divorce. Your lawyer reviews it before it's filed.
- Sign and fileThe application is filed online with the Federal Circuit and Family Court through the Commonwealth Courts Portal. The hearing is at least 6 weeks after filing (8 weeks if your ex is overseas).
- The hearingDivorce hearings are run by a court registrar by video. Most go ahead without either person attending.
- Your divorce becomes finalOne month and one day after the divorce is granted. You can then download your divorce order, and you're free to remarry.
Rachel does the gruntwork
- Eligibility questions
- Preparing your application
- Gathering supporting documents
- Keeping you on track with dates
Your lawyer does the law
- Confirms you're eligible
- Reviews everything before filing
- Handles anything unusual
- Advises on what comes next
Does divorce divide property or decide parenting?
No. A divorce only ends the marriage - it doesn't divide your property, sort out spousal maintenance or decide arrangements for the children. Those are separate.
Watch the 12-month deadline. Once your divorce is final, you have 12 months to apply for property settlement or spousal maintenance orders. After that you need the court's permission, and you may miss out. See property settlement.
Divorce can also affect your will. In general, it cancels gifts to your former spouse and their appointment as executor, but the rules vary by state, and it doesn't change your super beneficiary nominations. It's a good time to update both.
Frequently asked questions
How long do we need to be separated before applying?
At least 12 months. You can file once you've been separated for 12 months and 1 day.
Do I need my ex's agreement to get divorced?
No. Australia has no-fault divorce, so you can apply on your own. Your ex must be properly served with the papers, and they can only oppose it on legal grounds - for example, that you haven't been separated for 12 months.
Can we be separated while living in the same house?
Yes. You'll need to file affidavits explaining how your relationship changed, such as sleeping arrangements, finances and social life. A statement from a friend or family member helps.
Do I have to go to court?
Usually not. Hearings are run by a registrar by video, and most go ahead without either person attending. You'd need to attend if your ex opposes the divorce, or if you're asking the court for permission to serve them another way.
How long does a divorce take?
The hearing is at least 6 weeks after filing (8 weeks if your ex is overseas). Your divorce becomes final one month and one day after it's granted. A straightforward divorce usually takes around 3 to 4 months from filing.
How much does it cost?
The court fee is $1,170 from 1 July 2026, or $390 if you're eligible for the reduced fee. On a joint application, both of you must qualify for the reduced fee. ezysplit's Simple Divorce is a fixed $899 on top of the court fee.
Does divorce sort out our property and the kids?
No. Property, spousal maintenance and parenting arrangements are separate. Once your divorce is final, you have 12 months to apply for property or spousal maintenance orders without needing the court's permission.
We married less than 2 years ago. Is there anything extra?
Not any more. Since 10 June 2025, you no longer need a counselling certificate. The 12-month separation rule is all that applies.
Sources checked 19 October 2026: FCFCOA - Divorce overview · FCFCOA - Apply for divorce · FCFCOA - Serving divorce papers · FCFCOA - Separated under one roof · FCFCOA - Family law fees · FCFCOA - June 2025 form changes · Legal Aid NSW - Divorce