Can I apply for a Divorce?

You can apply for a divorce in Australia if either you or your spouse:

  • regard Australia as your home and intend to live in Australia indefinitely; or
  • are an Australian citizen by birth, descent or by grant of Australian citizenship; or
  • ordinarily live in Australia and have done so for 12 months immediately before filing for divorce

You need to satisfy the Court that you and your spouse have lived separately and apart for at least 12 months, and there is no reasonable likelihood of resuming married life. It is possible to live together in the same home and still be separated.

Same sex couples whose marriages are recognised can also apply for a divorce

How do I apply for Divorce?
Applications for Divorce are now completed online. Please contact us to find out more about this process.


Does a Divorce Cost Money?
There is a filing fee for divorce applications however, if you hold certain government concession cards or you are experiencing financial hardship, you may be eligible for a reduced fee. To find out if you are eligible, please contact us.


Do I have to attend the divorce hearing?
  • If there is no child of the marriage under 18 years, you are not required to attend the court hearing.
  • If it is a joint application with children under 18, you are not required to attend the court hearing.
  • If it is a sole application with children under 18, you are required to attend the court hearing.
Is Divorce the same as property settlement?
The granting of a divorce does not decide issues about property. If you want to make arrangements about these issues you can make an agreement with your spouse and file it with the court or, if an agreement cannot be reached between you, seek orders from the court.