A Practical Guide to the Key Steps to Divorce in Australia

Post By: Muhammad Bilal

Deciding to divorce is rarely simple. It often follows months or even years of careful thought, emotional challenges, and difficult conversations. If you’ve reached the point of exploring the practical steps, you’ve already taken an important stride forward.

While the process can seem overwhelming, approaching it with a clear plan, practical steps, and the right professional or personal support can make it more manageable.

Step 1: Meet the Separation Requirement

In Australia, you must be separated from your spouse for at least 12 months before applying for divorce.

This does not always mean living in different homes – some couples remain under the same roof for financial or parenting reasons.
If this is the case, you’ll need to provide evidence (often in the form of an affidavit) showing that you have been living separate lives during this time.

Step 2: Confirm Your Eligibility

At least one party to the marriage must meet one of the following:

Be an Australian citizen (by birth, descent, or grant)
Regard Australia as their permanent home
Have lived in Australia for at least 12 months prior to the application

Step 3: Choose Your Divorce Approach

There are several ways to go through the process:

Engaging a Divorce Specialist or Consultant
- Can provide step-by-step guidance, help with paperwork, and keep the process organised.
- Often more affordable than lawyers, especially for amicable divorces without complex property or parenting disputes.
Using a Family Lawyer
- Recommended for cases involving significant conflict, complex financial matters, or disputes over children.
- Lawyers can protect your legal rights, advise on financial settlements, and represent you in court if required.
Do-It-Yourself (DIY) Divorce
- You handle the process yourself via the Commonwealth Courts Portal.
- Cheapest option upfront, but requires confidence with legal forms and processes. Errors can cause delays or extra costs later.
- Works best for amicable divorces without children under 18 or complex property settlements.

Step 4: Prepare Key Documents

Common documents include:

Marriage certificate (plus a certified English translation if in another language)
Proof of citizenship or residency
Evidence of separation if living under one roof
Details about any children under 18 (if applicable)

Scan documents in PDF format for easy uploading when you apply online.

Step 5: Complete and File the Application

Create an account on the Commonwealth Courts Portal and fill in the Application for Divorce.
Decide between a sole application (you apply alone) or a joint application (both apply together).
Pay the filing fee, currently $1,100 (or $365 if eligible for a reduced fee).

If filing alone, you must arrange for the other party to be served with the application, either by registered post, a process server, or another adult who is not you.

Step 6: Attend Court (If Required)

Court attendance is usually required only for sole applications involving children under 18.
Joint applications without under-18 children typically do not require attendance.

Step 7: Finalisation

If your divorce is granted, the Divorce Order becomes final one month and one day after the court date. You can download it from the Courts Portal.

Amicable vs. Non-Amicable Divorces

Amicable divorces tend to be quicker, less expensive, and far less stressful. They involve:

Clear communication
Agreement on property division and parenting
Willingness to formalise agreements (often via Consent Orders)

Non-amicable divorces may require:

Independent legal representation for each party
Mediation or court hearings to resolve disputes
Greater time and financial investment

Final Thoughts

Divorce is a significant life transition – challenging but also an opportunity for a fresh start. Understanding the process, preparing early, and seeking the right level of support can help you move forward with clarity and confidence.

Whether you handle it yourself, work with a lawyer, or use a specialist service, taking it step-by-step will make the journey more manageable.

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