Divorce FAQs

A divorce only deals with the legal status of marriage. Divorce does not alter property interests, and it does not determine parenting arrangements.  

Property settlement and parenting applications are separate to divorce proceedings. 

Can I apply for divorce in Australia?

There are a few criteria you will need to fulfil to be eligible to divorce in Australia.

1. You and your spouse need to have been legally married.
2. You or your spouse need to be:
   1. An Australian citizen (by birth, descent, or by grant of citizenship); or
   2. Live in Australia and regard Australia as your permanent home; or
   3. Ordinarily live in Australia and have done so for 12 months immediately before filing for divorce;
3. You and your spouse must have been separated for at least 12 months with no possibility of getting back together.
   
   

What is no fault divorce?

Australia has ‘no fault’ divorce. This means that parties do not need a reason to divorce, and blame is not assigned to either party. It is sufficient that your relationship has broken down irretrievably, and there is no chance of reconciling. 

What will happen to the children after we get divorced?

The divorce will not determine the parenting arrangements. However, if there are children of the relationship who are under 18, the Court must be satisfied that there are satisfactory arrangements in place for them before divorce is granted. This doesn’t just mean biological children and includes any child who was treated as part of the family.  

If you’re not able to provide enough information about the children’s arrangements, your matter may be adjourned until you provide that information, or you explain why this is the case. 

I was married overseas. Can I get a divorce in Australia?

Yes, even if you were married overseas, you can still apply for divorce in Australia. There is no requirement to register an overseas marriage in order to apply for divorce in Australia.

How do I show I was legally married?

This requirement is usually satisfied by producing a copy of your marriage certificate. If you were married in Australia, you can obtain a copy of your marriage certificate from the relevant births, deaths and marriages registry in the state in which you were married.

If you aren’t able to obtain a copy of your marriage certificate, you should obtain legal advice.

My marriage certificate isn’t in English. What do I do?

If you were married overseas and your marriage certificate is not in English, you must have it translated into English by an accredited translation service.

The translator will need to complete an ‘Affidavit – Translation of Marriage Certificate’ which will need to be filed with your Application for Divorce.

To find an accredited translator, contact the National Accreditation Authority for Translators and Interpreters (NAATI) on (02) 9267 1357 or at www.naati.com.au.

I have a copy of my marriage certificate that was translated by an overseas service. Can’t I just use that?

Yes, you can have the certificate translated overseas. You must however be able to provide the qualifications of that translator, and they must complete an Affidavit Translation of Marriage Certificate.

The Affidavit Translation of Marriage Certificate should attach a copy of the original marriage certificate, the translated marriage certificate, and that translator’s qualifications. The Affidavit must also be sworn or affirmed before a Justice of the Peace or Lawyer.

If you are unable to obtain the above documents from the original translator, you will need to have the marriage certificate translated again by an accredited translator who can.  

What if we still lived together while we were separated?

You can still apply for a divorce if you were separated but still lived together for any part of the 12 months before applying for a divorce. However, you will need to provide additional evidence to prove that you have separated.

We separated, got back together for a couple of months, and then separated again. Would the 12-month separation period start from the first time we separated or the second time?

If you got back together after your first separation for more than 3 months, the 12-month period starts after the second separation. 

If you got back together after your first separation for less than 3 months, you can generally add up the period before reconciliation and the period after the second separation to make the total of at least 12 months.

Can I get divorced if I have been married for less than 2 years?

The law has recently changed. Previously, if you were married for less than 2 years, a certificate from a counsellor was required to establish you considered the possibility of reconciling, or why you could not participate in counselling.

As of 10 June 2025, this certificate is no longer required. This means every married person, no matter the duration of the marriage, can apply for divorce provided they satisfy the criteria for divorce. 
I’ve been married for a short period of time.

I thought divorces were automatic after 12 months of separation?

Divorces are not automatic. You or your spouse will need to make an application to the Federal Circuit and Family Court of Australia seeking a divorce. 

I’ve been married for a short period of time. Can’t I just get an annulment?

No, short duration of marriage is not a ground for annulment in Australia. Divorce ends a marriage that was valid, while an annulment is saying the marriage was never valid in the first place. 

How much will it cost to get a divorce?

There is a difference between court filing fees and fees charged by lawyers to undertake professional work. 

The standard court filing fee for divorce is $1,170. The reduced fee is $390.  

There are no rules that require a party to reimburse the other party for all or part of this application fee. Whoever files the application will need to pay at the time of filing. 

If you are filing a joint application, both parties must be eligible for the reduced fee. If you are filing a sole application for divorce, only the applicant needs to qualify for the reduced fee. 

I have difficulty using computers. Can I file a hard copy Application for Divorce?

Typically, divorce applications should be filed online using the Commonwealth Courts Portal. If you are unable to e-File, you can contact the Court and they may be able to provide you with the appropriate forms and information about how to file.

My spouse agrees to getting divorced. Do I still have to serve the documents on them?

If you and your spouse are filing a joint application, there is no need to serve the documents on them.

If you have filed a sole application for divorce, you will still need to serve the documents on your spouse, even if they have told you they agree to the divorce.

How do I serve documents?

Your spouse needs to be served the documents in person (by hand) by someone over 18 who is not you, or they need to be served by post.

If you have tried both of the above methods and still can’t serve your spouse, you should get legal advice.

Do I have to attend the divorce hearing?

You do not need to attend the hearing unless: 

• You elect to attend when filing your application; or 

• Your attendance is not otherwise required by the court. 

You should attend the hearing if: 

• You elect to attend at the time of filing; or 

• The other party files a response; or 

• You experienced problems serving the other party; or 

• You or another party to the application files an Application in Proceeding; or 

The court otherwise notifies you that they require your attendance. 

How do I attend the divorce hearing?

Divorce hearings in the Sydney and Parramatta registries generally occur by telephone. The court does not call you. You will need to dial into the hearing at the hearing time using details that are available on the Commonwealth Courts Portal.

I attended my divorce hearing last week, but I can’t download my divorce order from the Commonwealth Courts Portal. Why?

If the court grants the divorce, your divorce becomes final one month and one day after the hearing date. After that time, you can download the divorce order from the Commonwealth Courts Portal.

Does property settlement have to happen at the same time as the divorce?

In relation to property matters, you have 12 months from when the divorce is finalised to make an application for Court orders regarding property settlement or spousal maintenance. You don’t have to wait until you are divorced to start dividing your property; you can start this process as soon as you are separated.  

What can MLC provide assistance with?

MLC provides advice and assistance for the following matters:

• Legal aid eligibility for family law matters
• Divorce (including matters where the parties were married overseas)
• Mediation
• Parenting (including who makes decisions for the child and who the child lives with or spends time with)
• Property settlements and spousal maintenance, with specific exceptions (see below)
  
  

What does MLC NOT provide assistance with?

MLC does not provide advice and assistance for the following matters:

• Child support
• Care and protection matters
• Wills, estates and probate
• Binding Financial Agreements
• Taxation issues arising out of family law property settlements
• Complex property settlement matters involving family companies or trusts

This information is accurate as of August 2026.