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Apply for a divorce

Information about when and how to apply for a divorce in Australia.

Getting your supporting documents

Before you start your application, you should get all the supporting documents you will need to file, including your:

  • Marriage Certificate
  • Proof of citizenship or residency
  • Counselling Certificate
  • Change of Name Certificate
  • Family Violence Order
  • Other court orders.

You can’t complete your application until you have these documents.

You will need to get certified copies of the documents. You don’t give the original documents to the Court.

For more information, see Getting your supporting documents.

Preparing your Affidavit

Before you can apply for a divorce, you may need to prepare an Affidavit.

An Affidavit is your evidence that the Court will use to decide whether to grant you a divorce. 

You will need to prepare an Affidavit if:

  • you don’t have a copy of your Marriage certificate
  • you and your spouse lived in the same home during the 12 month minimum separation period
  • you and your spouse have been married for less than two years, and have not attended counselling
  • your surname is different from your married or maiden names
  • you are having trouble serving your spouse or do not know where they are.

You can address all these issues in one Affidavit.

If you are filing a joint Application for Divorce, your spouse will also need to prepare an Affidavit.

You may also need to get an affidavit from a Third Party.

For more information, see Preparing your Affidavit.

Complete your Application for Divorce

All Applications for Divorce should be filed online through the Commonwealth Courts Portal.  

You will need access to a printer and scanner.

You have to pay a fee when you file your Application for Divorce.

For more information, see Complete your Application for Divorce.

Apply for a fee reduction

When filing an Application for Divorce, there are two different fee reductions you make an:

  • Application for reduction of payment of divorce or decree of nullity - general
  • Application for reduction of payment of divorce or decree of nullity - financial hardship.

If you are filing a joint Application for Divorce with your spouse, you both must be eligible for the fee reduction or the full fee will apply. If you are filing a sole Application for Divorce, only you need to be eligible for the fee reduction because you are solely responsible for paying the fee. Your spouse won’t have to pay a fee.

General

You may be eligible for a general fee reduction if you:

  • have a government concession card, for example, health care card or a pensioner concession card
  • have been granted Legal Aid
  • receive youth allowance, Austudy or ABSTUDY payments
  • are under 18 years old
  • are in prison or are otherwise detained in a public institution. 

To apply for the general reduction, you will need to select ‘yes’ to question 1 on the online Application for Divorce and upload supporting evidence, for example a copy of your health care card.

Financial hardship

If you are not eligible for a fee reduction, you can apply for financial hardship.

If you are successful, you will be able to pay the reduced fee. 

Fee reductions only apply to court fees. They don’t apply to service fees, transcript fees, or fees for copies of Divorce Orders.

The Federal Circuit and Family Court of Australia website contains Guidelines for reduced fee – divorce and decree of nullity application.

For more information, see Apply for fee reduction for financial hardship.

Serve your spouse

If you filed a sole Application for Divorce, you will need to serve it on your spouse. If you don’t serve your spouse, the Court may adjourn or dismiss your application. 

You must serve your spouse at least 28 days before the hearing, if they are in Australia. You must serve your spouse at least 42 days before the hearing, if your spouse is overseas. 

You don’t need to serve your Application for Divorce on your spouse if you have filed a joint Application. 

To learn more about serving your spouse overseas, see Serving a legal document across international borders on the Attorney-General’s Department website.

If you are concerned about your residential address being disclosed to your spouse or are afraid to contact them, you should get legal advice.

For more information, see Serve your spouse.

Substituted service or dispensation of service

If you can’t serve your spouse, you must ask the Court for: 

  • substituted service - permission to serve them in a different way, or 
  • dispensation of service – permission not to serve them at all.   

If you can’t serve your spouse, and you don’t ask for Substituted Service Orders or Dispensation of Service Orders, your Application for Divorce may be adjourned or dismissed.  

Asking the Court for Substituted Service Orders or Dispensation of Service Orders may delay your Application for Divorce.  

For more information, see Substituted service or dispensation of service. 

Serve your spouse in prison

There are different rules that you must follow to serve your spouse in prison. It is important that you follow these rules so the Court can hear your application.  

If you don’t follow these rules, your Application for Divorce may be adjourned or dismissed.

For more information, see Serve your spouse in prison.