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What You Need to Know About Getting a Divorce in Australia
Divorce in Australia follows a clear legal process — and with the right guidance, it can be more straightforward than many expect. If you’re looking for experienced divorce lawyers in Brisbane, our team can help you understand your options and take the right next steps.
Australia has a no-fault divorce system under the Family Law Act 1975, meaning neither spouse needs to prove fault or misconduct. The Federal Circuit and Family Court of Australia does not consider infidelity or behaviour during the marriage. The only requirement is that you and your spouse have been separated for at least 12 months and one day.
Eligibility Requirements
To apply for divorce in Australia, the marriage must have broken down irretrievably and you must have been separated for at least 12 months and one day (including possible separation under one roof). At least one spouse must be an Australian citizen, usually live in Australia, or have lived here for the 12 months before filing.
- Separation can occur under one roof if you lived separate lives.
- Extra evidence is required if separated under one roof.
- If married overseas, you can still apply if the jurisdiction test is met.
Grounds for Divorce
Australia has a single ground for divorce: the irretrievable breakdown of the marriage. The Court is satisfied this ground is met when the parties have been separated for a continuous period of at least 12 months immediately before filing. Fault such as infidelity or behaviour is not considered.
Required Documentation
Most applications are filed online through the Commonwealth Courts Portal. You’ll need core ID and relationship documents, and supporting affidavits where relevant.
- Marriage certificate (plus sworn translation if not in English).
- Proof of citizenship or residency (to establish jurisdiction).
- Affidavits explaining separation under one roof (and from an independent adult if required).
- For sole applications: service documents and proof of service.
- Evidence for any fee reduction or exemption request.
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How to get a divorce in Brisbane?
Step 1 – Separation and Eligibility
Make sure you meet the basics before starting. You must be separated for at least 12 months and one day (this can include separation under one roof). At least one spouse must be an Australian citizen, usually live in Australia, or have lived here for the 12 months before filing.
- Separation under one roof needs extra evidence of living separately.
- If married overseas, you can still apply if jurisdiction is met.
- Consider parenting, property and support issues separately from the divorce itself.
STEP 2 – Filing and Serving Divorce Papers
Lodge your application online via the Commonwealth Courts Portal as a joint or sole application. Attach your marriage certificate (and translation if not in English) and any required affidavits. If you file a sole application, you must serve the papers on your spouse and keep proof of service.
- Choose joint (no service) or sole (service required).
- Provide identity/residency documents to show eligibility.
- Use the Court’s approved service methods and keep evidence.
- Ask about fee reductions if you’re eligible.
STEP 3 – Court Process and Finalisation
The Court reviews your paperwork and may list a short hearing. Attendance is usually not required for joint applications; for sole applications with children under 18, attendance is commonly required. If satisfied, the Court grants a divorce.
- The divorce becomes final one month and one day after the order date.
- Download your Divorce Order from the Portal; store it safely.
- You’ll need the order if you plan to remarry.
Helpful Guides on Divorce and Separation
We’ve created a range of free resources to help you better understand the divorce process and what to expect:
Reading these guides can prepare you for what’s ahead – whether you’re considering divorce, just separated, or managing parenting arrangements.
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Can You Apply for Divorce While Living Together in Queensland?
Yes, in Queensland, you can apply for a divorce even if you and your spouse continue living under the same roof. However, you’ll need to provide additional evidence to prove that you’ve been living separately and apart for at least 12 months.
This includes filing an affidavit with the Court explaining how your living arrangements have changed and showing that you lead separate lives despite sharing a home. This step is crucial for the Court to recognise the breakdown of the relationship.
If you’re looking for Brisbane family lawyers to help guide you through the process, our award-winning team is here to assist.
For more information, read our blog:
What Happens If My Spouse Doesn’t Agree to the Divorce?
In Australia, you do not need your spouse’s agreement to get a divorce. The law allows divorce when the marriage has irretrievably broken down, which is shown by a 12-month separation period.
Even if one spouse doesn’t consent, they cannot legally prevent the divorce. The process will continue as long as the required steps — including the proper service of divorce papers — are followed. This ensures all parties are fairly represented and their rights protected.
For more information, read our blog:
How Are Divorce Papers Legally Served in Australia?
The legal process for serving divorce papers ensures all parties are properly notified. The person filing for divorce must arrange for someone else — over the age of 18 — to personally deliver the papers to their spouse.
This person can be a family member, friend or professional process server. Divorce papers cannot be served by the applicant themselves. This ensures the proceedings are fair, legal and properly documented.
What Does the Court Need to Know About Child Care Arrangements in a Divorce?
When applying for a divorce, the Court must be confident that suitable care arrangements are in place for any children involved. This doesn’t always require a formal parenting plan or Court order — but the application should show that responsible care is being provided.
This helps the Court confirm the children’s needs are being met as part of the divorce. You should also have your marriage certificate ready, as it’s a key document in the process, particularly where division of property or parenting issues are involved.
For more information, read our blog:
Is It Possible to Apply for Divorce Before Settling Our Assets?
Yes, you can apply for a divorce before finalising your asset division. However, it’s best to try to resolve property settlement issues beforehand. Reaching an agreement through a consent order is recommended to ensure it is legally binding.
If no agreement is reached, an application for property orders must be lodged within 12 months of the divorce being finalised to protect your legal rights.
How Long Does the Divorce Process Take?
The divorce process usually takes between 3 to 5 months from the time of filing to the hearing date. After the hearing, the final divorce order is granted one month and one day later — assuming there are no complications.
This timeframe allows the Court to confirm all procedural requirements have been met. If there are children under 18, you may be required to attend the hearing in person.
For more information, read our blog:
What Are the Costs Associated with Getting a Divorce?
In Australia, filing for divorce includes specific costs. As of July 2023, the key fee is the Government divorce application fee, set at $1060. Additional expenses can arise during the process, including legal fees, finalising property settlements, attending court hearings and document servicing.
Understanding these costs early helps you budget for the entire divorce process. If you’re considering separation, our separation lawyers can help you navigate the separation process and manage financial separation issues.
For more information, read our blog:
- How to Reduce Legal Fees
- Budgeting for Single Parents
- Navigating Divorce Court Filing Fees in Australia
- How much will my divorce cost?
Our Lawyers
Please feel free to read about our people who will help you throughout the application for divorce and manage your complex family law matter. Our team will try to give you a little insight into what is important to them so that you can best select the family lawyer team that is right for you. Check out our family law information or book a reduced rate consultation to discuss your family law needs.
Our best awards are when our clients say they feel relief, feel at home and we have changed their life.
That is why we are award-winning lawyers.
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How to get a Divorce – A Guide to Divorce in QLD
Navigating the process of divorce in Queensland can feel overwhelming, but understanding the key steps can make things smoother. From meeting eligibility requirements to filing the necessary paperwork, this guide breaks down everything you need to know to get started.
Divorce Lawyers Servicing Brisbane Suburbs
Going through a divorce can be challenging, but you don’t have to face it alone. Our experienced and compassionate team is here to support you every step of the way. Whether you’re in Ashgrove, Bardon, Red Hill or elsewhere in Brisbane, we provide legal solutions tailored to your situation — helping you protect your rights and move forward with confidence.
Contact us today to book your consultation and take the first step toward a better future.
Frequently Asked Questions:
Our Brisbane divorce lawyers assist with all aspects of family law including divorce applications, separation advice, spousal maintenance, parenting arrangements, child custody disputes and property settlements. Whether your matter involves the family court or can be resolved through mediation, we’re here to help.