DIY Your Divorce Application in Australia: Step-by-Step Guide

Divorce is one of life’s most challenging experiences. At our firm, we believe in empowering our clients with knowledge. This comprehensive guide outlines the divorce application process in Australia, helping you understand what documents you need to prepare for divorce and when professional legal assistance becomes essential.

Step 1 – Understanding Divorce in Australia

The only ground for divorce is that the marriage has irretrievably broken down, with no reasonable prospect of reconciliation.

Divorce only ends the marriage legally, and it doesn’t resolve property division, financial support, or children’s arrangements. These matters require separate legal proceedings and benefit significantly from professional legal advice.

Step 2 – Eligibility Check: Can I apply for a divorce?

Check 1: Separated for at least 12 months

Check 2: Residency Requirements – one of you or your spouse must satisfy one of these conditions:
– Australian citizenship by birth, descent, or grant (citizenship certificate); OR
– Regard Australia as your home and intend to live in Australia indefinitely (permanent residency visa); OR
– Ordinarily live in Australia and have done so for 12 months immediately before filing for divorce (current visa and VEVO check).

It is possible to be separated but remain living in the same home during the 12 months before applying for divorce, but this requires additional evidence and careful documentation. This situation often arises due to financial constraints or children’s needs, but proving separation under these circumstances may need legal advice.

Step 3 – Application Types: Joint vs Sole Application?

Type 1 – Joint Application

When both spouses agree to divorce and can cooperate in the process. Joint divorce is more cost-effective, faster processing, and has no service requirements.

Type 2 – Sole Applications

When one spouse applies independently. A Sole application requires additional procedural steps, and you must serve legal documents on your ex-spouse. This process may trigger your spouse’s responses opposing your divorce application. We suggest you seek legal advice to avoid procedural errors.

Step 4 – What documents do you need for a divorce?

1. 1. Your marriage certificate

If your marriage certificate is not in English, you need to file an Affidavit translation of the marriage certificate, attaching both a copy of the original marriage certificate and the translation that was prepared.

1. 2. Residency Documents

Depending on your case, your citizenship certificate, permanent residency visa, current visa or VEVO check is required.

1. 3. Supporting Affidavits (if separation under the one roof)

If you are applying for a divorce on your own, you must file an affidavit yourself. You should also file an affidavit by an independent person, such as a family member, friend or neighbour.

If you and your spouse are applying together, you must each file a separate affidavit. If only one of you can file an affidavit, then you should file an affidavit by an independent person (see above).

Step 5 – Signing your divorce application

All divorce applications require an “Affidavit for eFiling” with strict witnessing requirements. Your signature in the divorce application must be witnessed by an authorised person:

If you are in Australia, your signature must be witnessed by a Justice of the Peace or a Lawyer.

If you are overseas, you need to engage the following authorised person who can witness your signature:

– Australian Diplomatic Officer or Australian Consular Officer delegated; or

– Employee of the Australian Trade Commission;or

– Notary Public (must have notary seal with signature).

Step 6 – Fees

You’ll have to pay a court filing fee $1,125  for the financial year 2025 (more fee details refer to the court website https://www.fcfcoa.gov.au/fl/fees/fl-fees) when applying for a divorce. You can apply to the court to have this reduced if you hold a government concession card or can prove you’re experiencing financial hardship.

Step 7 – Do you need to go to Court?

You are not required to appear in Court unless your spouse filed a Response to the divorce and opposes your application, or you are applying for an order for substituted service or a dispensation of service because you cannot find your spouse to serve the court documents.

Step 8 – Finalising your divorce

The sealed divorce order will be issued one month and one day after the divorce is granted.

You must not remarry until your divorce order becomes final.

When Do You Need a Lawyer’s Help?

If you need advice when completing the Application Form, or if you and your spouse are undergoing separation under the same roof and are unsure how to prepare your affidavit, or if you’re applying for a sole divorce and face difficulties with the service process, or your spouse files a response opposing your application and you need to attend to the court hearing, please feel free to contact us. We’re here to help.

Disclaimer: This article is based on current Australian family law as of September 2025. This article is for general information purposes only and does not constitute legal advice. Every situation is different, and you should seek professional legal advice specific to your circumstances before making any decisions about divorce proceedings or other family law matters.

This article was written by Stephy Wang.