An Application for Divorce is completed and eFiled through the Commonwealth Courts Portal. It may be filed jointly with your spouse or as a sole application. The Court must be satisfied about the 12-month separation period, Australian jurisdiction, the marriage certificate and arrangements for children under 18.

You must generally have been separated for 12 months and one day or longer before filing. The period may include time living in the same home, but additional affidavit evidence is usually required for separation under one roof.

A joint application is completed by both spouses and does not require formal service. A sole application is filed by one spouse and must generally be served on the other spouse in accordance with the Court rules.

Yes, a spouse’s signature is not required for a sole divorce application. The application must be properly served, and the Court must be satisfied that all legal requirements are met. Your spouse may file a Response if they dispute facts or oppose the application on a legally available ground.

Yes. The Court recognises separation under one roof. You will generally need affidavit evidence explaining the change in the marital relationship and may need supporting evidence from another person who knew about the separation.

A divorce application may still be possible. A sole application must generally be served overseas at least 42 days before the hearing, subject to the applicable service rules and any international service requirements.

You may need to apply for substituted service or dispensation of service. The Court will ordinarily expect evidence of reasonable attempts to locate and contact your spouse before making such an order.

Attendance depends on the application and circumstances. It may be required or advisable where there is an opposed sole application, a request for substituted service or dispensation, children under 18 in certain circumstances, separation under one roof or additional evidence the Court needs to consider.

No. The divorce application gives the Court information about arrangements for children under 18, but it does not create parenting orders. Parenting arrangements require a separate agreement, parenting plan, consent orders or court application.

No. Divorce is legally separate from property settlement. Property, debts, superannuation and financial support must be resolved separately by agreement, consent orders, a financial agreement or court proceedings.

For married couples, an application for financial or property orders generally must be filed within 12 months after the divorce order takes effect. Permission is required to apply out of time, and permission is not automatic. See our property settlement page.

Timing depends on the Court listing date, whether the application is joint or sole, service, the quality of the documents and whether additional evidence is needed. Once granted, the divorce ordinarily becomes final one month and one day later unless the Court orders otherwise.

Yes, provided the marriage is recognised and the Australian jurisdiction requirements are met. You must file the marriage certificate. If it is not in English, a compliant translation and translator’s affidavit are required.

No. You must wait until the divorce order becomes final. In most cases, that is one month and one day after the divorce is granted. Do not make irreversible wedding arrangements based on an assumed hearing outcome.

Separation can affect a pending or temporary partner visa, sponsorship and Department notification obligations. Family violence provisions or other visa pathways may be relevant. Obtain migration advice quickly and read our guide on partner visas after separation or divorce.

Legal fees depend on whether the application is joint or sole, whether service is straightforward, and whether affidavits, overseas service or additional applications are required. Court filing fees are separate and may change. Emigrate Lawyers can confirm the scope and fee structure after reviewing your circumstances.

Yes. Emigrate Lawyers is Melbourne-based and assists divorce and family law clients across Australia using video conference, telephone, email and secure document exchange.