Question 1

Who can apply for divorce in Australia?

Accepted Answer

You or your ex must be an Australian citizen, or call Australia home by having lived here for at least the last 12 months or by being domiciled here. You must also be legally married (including a marriage that took place overseas, if it was valid where it happened) and have been separated for at least 12 months. Our check confirms all of this in about two minutes.

Question 2

How long do we have to be separated before I can apply?

Accepted Answer

Twelve months and one day. The 12 months must be continuous, but a short reconciliation of up to three months does not reset the clock — we simply add the time together. If you separated, got back together briefly, then separated again, we work out whether the 12 months is still satisfied.

Question 3

We separated but still live in the same house — does that count?

Accepted Answer

Yes. Separation under one roof is recognised. We prepare two short affidavits — one from each of you — explaining how you lived separately even while sharing the address, such as separate bedrooms, separate finances and separate social lives. If this applies, the work is quoted in writing and agreed before any work starts.

Question 4

We were married overseas — can I get divorced here?

Accepted Answer

Yes, if the marriage was valid where it took place. If the certificate is not in English we arrange a certified translation. You will also need to show that at least one of you has the Australian connection described above. We check all of this for you.

Question 5

I was already divorced overseas — do I need an Australian divorce?

Accepted Answer

An overseas divorce is often recognised in Australia, so you may not need to apply again. Whether it is recognised depends on where and how it was obtained. A family lawyer checks this for you, before anything is filed.

Question 6

How much does a divorce cost in Australia in 2026?

Accepted Answer

The professional fee is $1,200 for a joint application or $1,500 for a sole application, plus the Federal Circuit and Family Court filing fee of $1,170 — or $390 with an eligible concession card. Fees as at 1 July 2026. Any extra work is quoted in writing and agreed before any work starts; there are no hourly charges.

Question 7

Can I get the reduced court fee?

Accepted Answer

The reduced court fee is $390 (instead of $1,170) if you hold an eligible concession card — for example a Health Care Card, Pensioner Concession Card or Commonwealth Seniors Health Card. On a joint application, both parties must each hold an eligible card for the reduced fee to apply.

Question 8

What extras might I have to pay for?

Accepted Answer

Only if your situation needs them, and each is a fixed fee including GST that we confirm in writing before we start: separated under the same roof $350; no marriage certificate $250; marriage certificate not in English $150; further evidence about arrangements for children $250; former spouse outside Australia $250; former spouse cannot be found (substituted or dispensed service) $900; names or details that differ between your documents $250; further evidence of jurisdiction $250; changes after we have prepared the application $250; a further round of up to three service attempts $260; optional priority drafting $300. Anything paid to a third party - the registry's fee for a replacement certificate, the translator, an overseas process server or postage - is charged at cost on top, and we tell you the amount first. Any hearing after the first, a contested divorce, or an application to shorten the one month and one day period is quoted in writing. A $150 per year file-storage fee applies only if you ask us to keep your file beyond seven years.

Question 9

When do court fees get reviewed?

Accepted Answer

The court reviews filing fees on 1 July each year. The current figures ($1,170 / $390) apply from 1 July 2026. If you file before the next review you lock in the fee that applied on the day your application was filed.

Question 10

Do you charge by the hour?

Accepted Answer

No. This is a fixed-fee service. You see the total before you start, and the only variables are the extras which may apply in non-standard circumstances. These are explained above under 'What extras might I have to pay for?'

Question 11

Is it cheaper if I file my divorce now?

Accepted Answer

Court filing fees usually increase on 1 July each year, so it is likely to be cheaper to file before 1 July and pay the current court filing fee. Whatever the date, the court fee is set by the Court and is paid to the Court when your application is filed.

Question 12

What are the steps to get divorced online?

Accepted Answer

Six steps: the eligibility check, complete the online application, upload your documents, a lawyer checks everything, we file with the court, and we track the matter through to the order taking effect. A lawyer checks your application before anything is filed — that is the whole point of using a law firm rather than a template.

Question 13

How long does a divorce take in Australia?

Accepted Answer

The court usually lists the hearing about two to three months after filing, and the divorce order takes effect one month and one day after the hearing. So most people are fully divorced about three to four months after we file. Hearings are listed in order of filing, so the sooner your application is filed the sooner your hearing date.

Question 14

Can I speed my divorce up?

Accepted Answer

The biggest lever is filing sooner rather than later, because the court lists divorce hearings in the order applications are filed. Once your application is filed we cannot jump the queue — your hearing date follows the filing sequence. Starting today means your application is filed sooner, which means an earlier hearing slot.

Question 15

When will my hearing be?

Accepted Answer

The court assigns hearing dates in the order applications are filed. At the moment the wait is about two to three months from filing. We give you your hearing date as soon as the court confirms it, and you can see it on your dashboard.

Question 16

Do I have to attend the hearing?

Accepted Answer

Since 10 June 2025 most applicants do not need to attend the hearing, in a joint or sole application, with or without children. The court still directs attendance in some cases - for example, if your ex files a Response and contests facts or the divorce - and if that happens our lawyer attends the first hearing for you to try and resolve any issues.

Question 17

Does my ex have to agree to the divorce?

Accepted Answer

No. If you have been separated for 12 months you can apply on your own, and your ex cannot stop a divorce by refusing to agree. In a sole application we arrange service of the documents on your ex; in a joint application you apply together using separate secure logins.

Question 18

Does divorce sort out property and the kids?

Accepted Answer

No. A divorce order only ends the marriage. Arrangements for children, property and financial support are handled separately. We do not include them in the divorce application, but we can talk you through your options and where to get help.

Question 19

Is there a time limit for property after divorce?

Accepted Answer

Yes. Once your divorce order takes effect you have 12 months to apply to the court for property settlement or spousal maintenance. After that you need the court's permission to file out of time, however, there is no guarantee an out of time application will be granted. It is important to know the property settlement and spousal maintenance limitation date while you decide what to do next.

Question 20

Do the children affect the divorce itself?

Accepted Answer

Not the granting of the divorce. The court still looks at whether proper arrangements are in place for any children under 18, but that does not stop the divorce being made. It is about the children's living and support arrangements, not about whether you can divorce.

Question 21

We have children — do we have to go to court?

Accepted Answer

No. Since 10 June 2025 attendance is not required for applicants. We can still attend if the court directs a hearing. If your matter needs parenting or support orders, that is a separate process and we will point you to the right help.

Question 22

When is the divorce final?

Accepted Answer

The divorce order takes effect one month and one day after the hearing. Before that you are still legally married. You cannot remarry until the order takes effect; after it does, you can.

Question 23

What if the court rejects my application?

Accepted Answer

If the court rejects an application we prepared because of our error, we fix and re-file it at no additional professional fee and pay any second court fee. That is our re-file guarantee. Rejection for a reason within your control is not covered, but we will still tell you what to do next.

Question 24

Do I get a certificate of divorce?

Accepted Answer

Yes. Once the order takes effect the court issues a divorce certificate (sometimes called a decree absolute). We provide you with a copy and we keep a copy on your file for your future reference for 7 years after the conclusion of your matter.

Question 25

We were married less than two years — any extra step?

Accepted Answer

No. The counselling-certificate rule under s44(1B) for marriages under two years was repealed on 10 June 2025, so there is no extra step or extra document required.

Divorce FAQs — Australia, 2026

Am I eligible?

What it costs

How the process works

Children and property

After the divorce

Still have questions?