Getting a Divorce?  A Step By Step Guide.

Deciding to end a marriage is one of the hardest things a person can go through. But the legal process of getting a divorce in Australia is actually more straightforward than most people expect.

In 2024, 47,216 divorces were granted in Australia, so if you’re facing this situation, you’re far from alone. Here’s what the process looks like, step by step.

Key Insights

• You must be separated for at least 12 months before you can apply for a divorce
• Divorce only ends the marriage; it doesn’t automatically resolve property or children’s matters
• You have just 12 months from the date of divorce to apply for a property settlement through the courts
• The standard court filing fee is $1,100 (a reduced fee of $365 may apply if you hold a government concession card or can demonstrate financial hardship)
• You can apply online, either on your own or jointly with your former spouse

Step 1: Separate for 12 Months

Before you can apply, you need to have been separated from your spouse for at least 12 continuous months. This is the only legal requirement. Australia has a “no-fault” divorce system under the Family Law Act 1975, which means you don’t need to prove anyone did anything wrong.

You don’t need to have been living at separate addresses during that time. It’s possible to be legally separated while still living under the same roof. For example, sleeping separately, managing finances independently, and no longer presenting as a couple to friends and family. If this applies to you, you’ll need to provide additional information to the court explaining the circumstances.

If your marriage lasted less than two years, you’ll need to attend counselling before you can apply. This is a legal requirement under the Family Law Act.

Step 2: Understand What Divorce Does (and Doesn’t) Cover

A divorce order formally ends your marriage. It doesn’t resolve how your property or finances will be divided, nor does it determine arrangements for your children. Those are entirely separate legal matters that can (and should) be dealt with alongside or after separation.

What many people don’t realise is the time pressure involved. Once a divorce order is granted, you have only 12 months to file a court application for property settlement. Miss that window, and you’ll need to apply for special leave from the court, which isn’t guaranteed.

So don’t wait until after your divorce is finalised to start thinking about financial matters. Speaking with divorce lawyers early can help you handle both processes in the right order.

Step 3: Complete the Application for Divorce

Once your 12-month separation period is up, you can prepare your application. You’ll do this through the Commonwealth Courts Portal, which is the Federal Circuit and Family Court of Australia’s online filing system.

You can apply:

• Jointly – both you and your former spouse sign and submit the application together
• Solely – you apply on your own, without your former spouse’s involvement or agreement

You’ll need a copy of your marriage certificate. If it’s not in English, you’ll also need a certified translation.

As of June 2026, the court filing fee is $1,100. A reduced fee of $365 is available if you hold an eligible government concession card or can demonstrate financial hardship (both parties must qualify if filing jointly).

Step 4: Serve the Application

If you’ve filed a joint application, this step doesn’t apply.

If you’ve filed alone, you’re required to serve a copy of the application on your former spouse. There are specific rules around how this must be done, and the court won’t proceed until you provide evidence of proper service. If your situation involves family violence, estrangement, or you can’t locate your former spouse, it’s worth getting legal advice before attempting to serve the documents.

Step 5: Attend the Hearing (If Required)

In many cases, you won’t need to appear in court. If it’s a joint application, or if neither party has children under 18, you can usually elect not to attend, and the court will consider your application in your absence.

If you filed a sole application and/or have children under 18, attendance is generally required. The court will check that the application was properly served and that appropriate parenting arrangements are in place. You can attend with or without a lawyer.

Step 6: Receive Your Divorce Order

If the court is satisfied, it will grant the divorce. The order doesn’t take effect immediately. It becomes final one month and one day after the hearing. You’ll receive a copy of the Divorce Order, the official document confirming that your marriage has legally ended.

From this date, the 12-month clock for filing a property settlement application starts ticking.

What About Children and Property?

As mentioned above, divorce doesn’t automatically resolve these matters. Parenting arrangements and property settlement are handled separately, and both can be negotiated at any point after separation; you don’t have to wait until the divorce is finalised.

If you’re on good terms with your former spouse, you may be able to reach an agreement without going to court. If not, there are mediation and dispute resolution pathways available before litigation becomes necessary.

If you entered into prenuptial agreements before or during your marriage, these will be relevant to how your financial matters are resolved.

Getting Help With Your Divorce in Townsville

Applying for a divorce can be straightforward in uncomplicated circumstances. But where children, property, or difficult dynamics are involved, having experienced legal support makes a real difference, both in getting the process right and in protecting your interests down the track.

Our family lawyers in Townsville handle divorce and separation matters every day, and we know how much is riding on these decisions. At Townsville Family Lawyers, you’ll always speak directly with a lawyer.

Call us on 07 4752 0290 or book an appointment online to discuss your situation.

Disclaimer: This article is intended for general informational purposes only and does not constitute legal advice. For guidance specific to your circumstances, please consult a qualified family lawyer.