How to Apply for Divorce in Canberra : A Step-by-Step Guide

You’ll need a copy of your marriage certificate (and if the marriage was overseas, a certified English translation).
As leading family lawyers in Canberra, Mazengarb Family Lawyers know divorce isn’t just a legal matter, it’s about real people and real lives.

Marriage begins with the best of intentions, but may end in divorce.

During this time, couples can come to share finances, property, and children, but there is a difference between divorce and division of assets and organising parenting arrangements for the children.

Divorce is simply the process of dissolving the marriage, something that is quite straightforward in Australia.

On the other hand, the process of deciding who gets what and how custody will be shared can be far lengthier, and more complicated.

In this article, we’ll break down the divorce application process — the dedicated step-by-step guide within our broader Separation & Divorce service for Canberra families.

However, if you need support with divorce file application, have questions, or need to navigate property and asset division and/or organising care arrangements post separation for your children, our compassionate legal team can help.

Understanding the divorce process in Australia

In Australia, divorce is a “no-fault” process under the Family Law Act 1975 (Cth), administered by the Federal Circuit and Family Court of Australia.

That means, in every state and territory of Australia, you don’t need to prove blame or wrongdoing — the only requirement is that the marriage has irretrievably broken down, and cannot be salvaged.

As a result of the recent changes that have come in on 6 July 2025, there isn’t even a need for a divorce hearing.

An application for divorce is an application to legally end your marriage, nothing more.

It does not automatically sort out children’s arrangements, property division, or financial/support orders.

If this is needed, you must file separate applications for property/financial orders or parenting orders.

This can happen either before or after the divorce, although we recommend filing before your divorce application is filed.

Once your divorce is finalised, you must resolve property/finance within 12 months from the date of the Divorce Order.

Also, if children are under 18, the court must be satisfied there are satisfactory arrangements for them before granting the divorce.

Step-by-step guide to applying for divorce in Australia

In Australia, it has become increasingly common to use the words ‘divorce’ and ‘property settlement’ interchangeably.

When we talk about divorce, we are talking about a filing to dissolve the marriage, which can be done solely or jointly.

The following is a step-by-step guide to online divorce applications :

1. First, check you’re eligible.

• You and your spouse must have been separated for at least 12 months, even if you’ve been living under the same roof for part of that time.
• At least one of you must: be an Australian citizen; regard Australia as your permanent home; or have ordinarily lived in Australia for at least 12 months before filing.
• You’ll need a copy of your marriage certificate (and if the marriage was overseas, a certified English translation).

2. Next, decide who applies — jointly or alone.

You can file :

• A joint application for divorce (both spouses apply together)
• Or a sole (single) application (one spouse applies alone)

Joint applications are often simpler because you don’t need to serve documents to the other spouse.

3. Then, complete and lodge the divorce application online.

To file an application online, you will need to :

• File with the Federal Circuit and Family Court of Australia via the Commonwealth Courts Portal.
• You’ll need to complete the form, upload your marriage certificate and file any required affidavits.
• You need a credit or debit card to pay the divorce application fee (unless you qualify for a fee reduction).

4. If you have filed alone, you must serve the divorce papers to your former spouse.

This must happen at least 28 days before the date the court has set down to review the Application for Divorce, if your former spouse lives in Australia, or 42 days before if they live overseas.

You cannot serve the papers yourself, someone over 18 (friend, family, or professional) must do it or alternatively, a process server can serve the documents.

If you filed an application divorce form jointly, this step isn’t required.

5. If required, attend the hearing

The court no longer requires you to attend the hearing.

However, if you are required to attend, you must attend the hearing which is usually required to be done so over the telephone.

If you encounter this issue, contact one of our legal team and we can assist you understand the process.

6. Finally, divorce order and finalisation

If all goes well, the court will grant a divorce.

Because of Australia’s “no-fault” system, the court doesn’t investigate why the marriage ended, only that it has broken down irretrievably.

The divorce becomes final one month and one day after the hearing.

What to expect during the divorce process

When you file for divorce in Australia, you can expect a bit of a waiting period while the courts work through the current backlog — the wait time is often 1 to 2 months for the procedural side.

If you filed alone, make sure the date of separation is accurate.

If you’ve stated a date of separation as, for example, 18 November, and your former spouse disputes the date of separation and says it was 18 December, then it will be set aside until the 12-month date of separation has been satisfied from the latest date (i.e. 18 December).

Because divorce, property settlement, and parenting arrangements are handled as separate processes, at Mazengarb Arora Family Lawyers, we recommend using separation time to negotiate property settlement or parenting matters first, and then applying for divorce as the final step.

Contact us if you require assistance with negotiation and understanding the divorce process in further detail.

Eligibility criteria for divorce in Canberra

Residency requirements :

To apply for divorce in Australia, at least one spouse must either be an Australian citizen, regard Australia as their permanent home, or have ordinarily lived in Australia for at least 12 months immediately before filing.

Separation period :

You need to report a separation period of at least 12 months and one day before applying.

The separation must show the marriage has “irretrievably broken down” — that is, there’s no reasonable likelihood of resuming married life.

Separated under the same roof?

In Australian family law, “separation” means the breakdown of the marital relationship — not necessarily physical separation.

You can be separated while still living in the same home, often because of children, finances, or housing logistics.

If this is your situation, you’ll need to demonstrate to the court that the marriage has effectively ended, even though the living arrangement hasn’t changed.

Your affidavit should typically cover:

• When the separation took place and how it was communicated between you
• How your day-to-day life has changed since separation (separate sleeping arrangements, finances, social lives, household responsibilities)
• Whether friends, family, or government bodies (such as Centrelink) were notified of the separation

A second supporting affidavit from a friend, family member, or other third party who can confirm the change is often helpful, particularly where the court might otherwise question whether the separation has genuinely occurred.

If you’ve been married less than two years

A separate requirement applies if you’ve been married for less than two years at the time of filing.

Under section 44(1B) of the Family Law Act 1975, you’ll need to either:

• Attend counselling with a recognised family counsellor or registered psychologist, and provide a counselling certificate with your application, or
• File an affidavit explaining why counselling isn’t appropriate (for example, where there are safety concerns, or where the other party refuses to attend).

The two-year period is calculated from the date of marriage to the date your application is filed.

If you’re approaching the two-year mark, it may be worth waiting until the period has passed to avoid the additional step.

Costs involved in filing for divorce in Canberra

The filing fee associated with the Application for Divorce changes each year and can be found on the Federal Circuit and Family Court of Australia’s website.

This covers the administrative cost of processing your divorce application (filing, registration, initial processing). This is not our professional fees.

If you qualify for a divorce application cost concession (meaning you hold a government concession card or meet financial-hardship criteria), the filing fee may be reduced to AUD $375.

This concession is only available for joint applications.

If you are serving a sole application, then you may need to use a third-party process server, which will incur an additional fee.

Withdrawing your divorce application

If you change your mind after filing, it’s possible to withdraw your divorce application — but only before the divorce order becomes final.
The process depends on whether you filed jointly or alone:

• For joint applications – both spouses must agree to the withdrawal. One party cannot unilaterally withdraw a joint application.
• For sole applications – the applicant can withdraw, though there may still be procedural steps depending on whether the application has already been served.

A “Notice of Discontinuance” is filed through the Commonwealth Courts Portal.

If you’re considering withdrawal, it’s worth speaking with a family lawyer about the implications — particularly around property time limits, which begin running from the date a divorce order is finalised.

Frequently asked questions

1. Is the divorce process different for de facto couples?

De facto couples don’t go through a “divorce” — divorce only applies to married couples in Australia.

However, since 2009, de facto couples have largely the same access to property and parenting orders under the Family Law Act as married couples.

The main practical difference is timing:

De facto couples must apply for property orders within two years of separation

Married couples have 12 months from the date of the divorce order to apply for property orders

If you’re in a de facto relationship and separating, the property and parenting steps look similar to those for married couples — there’s just no divorce step at the end.

2. When can I remarry after divorce?

You can remarry as soon as your divorce order takes effect.

The order becomes final one month and one day after it is granted.

When you book your new wedding with a celebrant, you’ll need to provide a copy of the divorce order certificate to confirm you’re free to remarry.

3. How much does a divorce lawyer cost in Canberra?

Costs vary depending on the complexity of your situation — whether the application is uncontested, whether documents need to be served, and whether other family law matters (property, parenting) are running alongside the divorce.

For a straightforward, uncontested joint application, the legal fees are usually modest.

Where there’s disagreement, third-party service is required, or affidavits need to be prepared, costs increase.

Mazengarb Arora Family Lawyers offers a free 30-minute initial consultation, where we can give you a clearer picture of likely costs based on your specific circumstances.

For a more detailed breakdown, see our guide on the cost of divorce in Australia.

4. When should I engage a divorce lawyer?

If your situation is genuinely simple — both parties agree, you’re filing jointly, separation is uncomplicated, and there are no children under 18 or significant assets — a DIY application through the Commonwealth Courts Portal is feasible.

A lawyer becomes useful or necessary when:

• There’s any disagreement between you and your spouse about the divorce or related matters
• You need to file a sole application and there are difficulties locating or serving your spouse
• You’ve been separated under the same roof and need to prepare supporting affidavits
• There are children under 18 and the court will want to see arrangements are in place
• You haven’t yet resolved property or parenting matters (these are separate processes, but timing matters)
• You’ve been married less than two years (counselling certificate or affidavit required)
• You were married overseas and the documentation needs translation or verification

5. Can I get divorced in Australia if we were married overseas?

Yes — provided you meet the Australian residency requirements (Australian citizen, permanent home in Australia, or ordinarily resident in Australia for the past 12 months).
The marriage itself must be legally valid in the country where it took place.

When you apply, you’ll need to provide:

• The original or a certified copy of your overseas marriage certificate
• A certified English translation if the certificate isn’t in English

The application is then filed through the Federal Circuit and Family Court of Australia in the same way as any other divorce application.

How Mazengarb Arora Family Lawyers can help:

Our team isn’t just made up of experienced family lawyers— we’re real people who care deeply about helping others through challenging moments.

With a calm, compassionate approach and a focus on outcomes, we’re here to guide you.

We are committed to providing you with the knowledge and support you need to comprehend your rights fully when it comes to property and financial settlements.

We understand that family breakdowns can be overwhelming, often entailing intricate legal processes.

Mazengarb Family Lawyers is here to stand by your side, working diligently to bring clarity and resolution to your family law matter.

Book a free 30-minute consultation today.