If you’re thinking about ending your marriage, one of the first questions people ask is: Am I actually eligible to apply for a divorce?
In Australia, divorce is generally a straightforward legal process, but there are a few basic requirements you need to meet before you can apply.
Here’s a simple breakdown of the essentials.
1. You Must Be Legally Married
A divorce only applies to couples who are legally married.
If you were in a de facto relationship, you don’t need to apply for a divorce to end the relationship. However, matters such as property division and parenting arrangements can still be formally resolved through the Family Court.
It also doesn’t matter where you were married. Your marriage may have taken place in Australia or overseas, you can still apply for divorce in Australia as long as you meet the other requirements. When you apply, you’ll need to provide a copy of your marriage certificate. If your certificate is in another language, it must be translated into English and submitted with a translation certificate.
2. Citizenship or Living in Australia
You can apply for a divorce in Australia if:
- You are an Australian citizen (by birth or naturalisation), or
- You live in Australia and consider it your permanent home, or
- You have been living in Australia for at least 12 months before applying.
This means even if you were married overseas, you may still be able to apply for divorce through the Australian courts.
3. You Must Be Separated for at Least 12 Months
Australia has a no-fault divorce system, which means the Court does not consider who caused the breakdown of the marriage.
Instead, the main requirement is that the marriage has irretrievably broken down, demonstrated by 12 months of separation.
In some situations, couples may still live in the same home during separation. This is known as “separation under one roof.” If this applies, additional information may need to be provided to the Court to explain the living arrangements.
Short periods of reconciliation can occur during the separation period, provided the total separation still adds up to at least 12 months.
4. What Does It Cost to Apply for Divorce?
There are a few common costs involved in the divorce process.
Court Filing Fee
The Court charges a filing fee when you submit your divorce application.
- Standard filing fee: $1125.00 (current until 01 July 2026)
- Reduced fee (for concession card holders): $375.00 (current until 01 July 2026)
Marriage Certificate
If you do not have your marriage certificate, you can order a copy from the Registry of Births, Deaths and Marriages. This typically costs around $75.
Serving the Divorce Application
If you file a sole application, your spouse must be formally notified of the divorce application.
This is called service. In some cases, a process server may be used to personally deliver the documents to your spouse. The price for a process server to conduct service is approximately $300.00.
However, in many cases a process server is not required, particularly if your spouse is willing to acknowledge service.
Legal Assistance
Our online platform at Your Divorce offers a fixed fee of $1225.00 (including GST) to assist with the entire process.
5. What Happens Next?
Once you’ve confirmed that:
- you have been separated for at least 12 months,
- you have your marriage certificate, and
- you meet the residency or citizenship requirements,
you can then proceed with filing your divorce application.
The next step is preparing and lodging the application with the Court.
Start Your Divorce Today
If you’re ready to begin the process or have questions about how it works, our friendly team are ready to help you get started.
You can contact us by email at help@your-divorce.com.au, visit www.your-divorce.com.au or www.auslex.com.au, or call us on 1300 531 137.
