Divorce in Australia: Process, Fees and Eligibility

Divorce in Australia requires 12 months' continuous separation under section 48 of the Family Law Act 1975. From 1 July 2026 the FCFCOA's application fee is $1,170, or $390 for eligible applicants, and a divorce order takes effect one month after it is made.

This article addresses the process for obtaining a divorce order under Part VI of the Family Law Act 1975, applicable nationwide through the Federal Circuit and Family Court of Australia. It does not address parenting, property or child support, each of which is a separate application; see the linked articles below.

The only ground for divorce: 12 months' separation

Australia has had no-fault divorce since the Family Law Act 1975 commenced. Section 48 provides that the ground for a divorce order is that the marriage has broken down irretrievably, and that ground is established only by proving the parties separated and lived separately and apart for a continuous period of at least 12 months immediately before the application was filed. No other ground exists; a court does not consider fault, conduct, or the reasons the marriage ended, only whether the 12-month separation period is satisfied. Section 48(3) is a safeguard on the other side: the court must not make a divorce order if it is satisfied there is a reasonable likelihood of cohabitation being resumed. This is rarely contested in practice, but it means the separation must be genuine and ongoing at the time the application is decided, not merely a period that has technically elapsed.

Separation under one roof: section 49(2)

Section 49 defines separation broadly enough to cover couples who cannot immediately live in separate homes, whether for financial, parenting or practical reasons. Section 49(2) expressly provides that the parties to a marriage may be held to have separated and to have lived separately and apart even though they have continued to reside in the same residence, or either or both of them has rendered some household services to the other. This is commonly called separation under one roof. An applicant relying on this basis generally needs to provide additional evidence, such as a supporting affidavit from a person aware of the changed circumstances, addressing matters like separate sleeping arrangements, reduced shared activities and communication about the relationship's end, to satisfy the court the parties were genuinely separated despite the shared address.

FY2026-27 divorce and related fees

The FCFCOA does not set its own fees; they are prescribed by the Family Law (Fees) Regulations 2022 and indexed annually. For the 2026-27 financial year, from 1 July 2026, the standard application for divorce fee is $1,170. A reduced fee of $390 applies where the applicant holds an eligible government concession card or can demonstrate financial hardship; on a joint application, both applicants must independently qualify for the reduced fee. Related family law fees for the same period include $215 for an application for consent orders, and $1,660 for an application relating to the validity of a marriage, divorce or annulment, or for a decree of nullity, reduced to $550 for eligible applicants. GST does not apply to any of these court fees.

Joint versus sole applications, and when you must attend

A divorce application can be filed jointly by both parties or solely by one. A joint application does not need to be served on the other party, because both parties are already applicants, and neither party is required to attend any hearing, regardless of whether the couple has children under 18. A sole application must generally be served on the respondent. Attendance at the divorce hearing is required only in specific circumstances: the applicant elected on the application to attend; the respondent has asked to attend and there are children of the marriage under 18; the respondent has filed a Response opposing the application; or the applicant is seeking an order for substituted service or dispensation of service because the respondent cannot be located or served in the usual way. Outside those situations, most sole applications are also finalised without either party appearing.

When the divorce order takes effect

A divorce order made by the FCFCOA does not end the marriage immediately. Under section 55, the order takes effect one month after the day it is made, a timeframe the FCFCOA itself describes as the marriage being finalised one month and one day later. Section 55(2) allows the court to shorten or extend this period only by a special order, made in limited circumstances such as an imminent need to remarry or travel. Until the order takes effect, remarriage is not possible; section 59 confirms that a party may only marry again once the divorce order has taken effect.

What an application needs, and where a marriage happened overseas

A divorce application generally needs to show that at least one party regards Australia as home and intends to live here indefinitely, is an Australian citizen, or has been ordinarily resident in Australia for the 12 months immediately before filing, under section 39 of the Family Law Act read with the Act's jurisdictional rules. The application must be accompanied by the marriage certificate; where a couple married overseas and the certificate is not in English, a translation by an accredited translator, together with an affidavit from the translator, is generally required. Where there are children of the marriage under 18, section 55A requires the court to consider arrangements for their care, welfare and development before making the divorce order, though this is separate from, and does not itself decide, parenting orders. Where either party cannot locate or serve the other, the court can make orders for substituted service, such as service by email or social media, or dispense with service entirely in appropriate cases.

Divorce is separate from parenting, property and child support

Obtaining a divorce order resolves only the legal status of the marriage. It does not by itself determine parenting arrangements, divide property, or set child support. Property settlement applications generally must be filed within 12 months of the divorce order taking effect under section 44(3), so it is common, though not compulsory, to resolve or at least commence property matters before or shortly after the divorce is finalised. See property settlement in Australia and parenting orders in Australia for those separate processes.

This page provides general legal information about divorce in Australia, verified 20 July 2026. It is not legal advice about your own marriage or application. For advice, consult a legal practitioner admitted in the relevant Australian state or territory.

For dividing assets after divorce, see property settlement in Australia. For arrangements involving children, see parenting orders in Australia. For how the court process actually works, see the family court process in Australia. For the full picture, return to the Australian family law hub.

Frequently Asked Questions

What is the only ground for divorce in Australia?

The only ground for divorce under section 48 of the Family Law Act 1975 is that the marriage has broken down irretrievably, which is established solely by proving at least 12 months' continuous separation immediately before the application is filed. Australia has no fault-based grounds; the court does not consider why the marriage ended.

How long do we need to be separated before applying?

At least 12 months' continuous separation immediately before filing the application, as required by section 48. If the parties resume living together during that period for any significant time, the 12-month clock generally needs to restart from when separation resumes.

Can we get divorced if we still live in the same house?

Yes. Section 49(2) expressly recognises separation under one roof, allowing the court to find the parties separated even though they continued to share a residence or provided each other some household services. This usually requires supporting evidence, often an affidavit from a third party, describing the practical changes since separation.

How much does it cost to apply for divorce from 1 July 2026?

From 1 July 2026, the standard FCFCOA application for divorce fee is $1,170. A reduced fee of $390 applies to eligible concession card holders or applicants who can demonstrate financial hardship.

Do I have to attend court for my divorce?

Not usually. On a joint application, neither party needs to attend. On a sole application, attendance is required only if the applicant elected to attend, the respondent asked to attend and there are children under 18, the respondent filed an opposing Response, or the applicant needs an order for substituted service or dispensation of service.

When does a divorce order actually take effect?

A divorce order takes effect one month after the day it is made, under section 55 of the Family Law Act, which the FCFCOA describes as the marriage being finalised one month and one day later. The court can shorten or extend this period only by a special order under section 55(2).

Does getting divorced settle our property or parenting arrangements?

No. A divorce order ends only the legal status of the marriage. Parenting arrangements, property division and child support each require their own separate process, and a property settlement application generally must be filed within 12 months of the divorce order taking effect.

Can a divorce application be refused?

Yes, in limited circumstances. Section 48(3) requires the court to refuse a divorce order if it is satisfied there is a reasonable likelihood the parties will resume living together. A court may also decline to proceed if it is not satisfied the 12-month separation requirement has genuinely been met.

Is there a reduced fee available?

Yes. A reduced fee of $390 (FY2026-27) applies to an application for divorce where the applicant holds an eligible government concession card or can otherwise demonstrate financial hardship. On a joint application, both parties must independently qualify.