Divorce Applications in Australia: A Complete Guide from Craigieburn Lawyers
A Complete Guide from Craigieburn Lawyers
If you’re considering separation or divorce, one of the most common questions we hear at Craigieburn Lawyers is: “How do I apply for divorce in Australia?”
Divorce can feel overwhelming, especially when you’re dealing with emotional stress, children, property, and uncertainty about the future. The good news is that Australia’s divorce process is relatively straightforward once you understand the steps. In this guide, we explain everything you need to know about divorce applications in Australia, including eligibility, timelines, costs, and when to speak to Craigieburn Lawyers.
Understanding Divorce in Australia
Australia has a no-fault divorce system, which means the Court does not consider who caused the breakdown of the marriage. The only ground for divorce is that the marriage has broken down irretrievably.
To prove this, you must show that you and your spouse have been separated for at least 12 months and one day before applying for divorce.
This is often one of the first things people ask:
Do we need to agree to divorce?
What if we still live together?
What if my spouse refuses?
The good news is that you do not need your spouse’s consent to apply for divorce. You can apply on your own (sole application) or together (joint application).
Who Can Apply for Divorce in Australia?
To apply for divorce in Australia, you must meet at least one of the following requirements:
You are an Australian citizen
You were born in Australia
You live in Australia and regard it as your permanent home
You have lived in Australia for at least 12 months before filing
Working with Craigieburn Lawyers can help ensure your application is prepared correctly the first time, reducing delays.
Separation Under One Roof
Many couples continue living in the same house after separation for financial or parenting reasons. This is known as separation under one roof.
You can still apply for divorce, but you will need to provide additional evidence, such as:
Sleeping in separate bedrooms
Separate finances
Reduced social activities together
Informing friends and family of separation
This is an area where mistakes are common, and seeking advice early can help avoid complications.
Sole vs Joint Divorce Applications
There are two types of divorce applications in Australia:
Joint Divorce Application
This is when both parties apply together. It is generally simpler because:
No need for formal service
Usually no Court attendance required
Less conflict
Sole Divorce Application
This is when one party applies alone. If you choose this option:
You must serve the application on your spouse
You may need to attend Court (especially if children are involved)
Extra documentation may be required
We often help clients decide which option suits their circumstances best.
What About Children?
If you have children under 18, the Court must be satisfied that proper arrangements have been made for their care, welfare, and development before granting a divorce.
This does not mean you need formal parenting orders. The Court simply wants to know:
Where the children live
School arrangements
Health and medical care
Time spent with each parent
Financial support
Many people are surprised that divorce and parenting matters are separate legal processes. You can finalise parenting arrangements before, during, or after your divorce application.
Do I Need to Sort Property Before Divorce?
You do not need to finalise property settlement before applying for divorce. However, there is an important deadline:
You must start property settlement or spousal maintenance proceedings within 12 months of your divorce becoming final.
After this deadline, you need special permission from the Court, which is not always granted. This is why getting advice early is important, even if you are not ready to resolve property issues immediately.
How to Apply for Divorce in Australia
The divorce process generally involves the following steps:
Step 1: Prepare the Application
You complete an Application for Divorce and gather supporting documents, including:
Marriage certificate
Separation under one roof affidavits (if applicable)
Citizenship/residency evidence (if required)
Step 2: File the Application
The application is filed online through the Federal Circuit and Family Court of Australia. A filing fee applies, although concessions may be available.
Step 3: Serve the Application (Sole Applications Only)
If you file a sole application, you must arrange for your spouse to be formally served.
Step 4: Court Hearing
This may require attendance via phone or Divorce Hearing by absence depending on the circumstances.
Step 5: Divorce Order
If granted, your divorce becomes final one month and one day after the Court makes the order.
How Long Does Divorce Take?
Timing depends on several factors, but generally:
Minimum separation period: 12 months and 1 day
Application preparation: 1 week
Court processing time (for application to be heard): 6 weeks – 2 months
Divorce finalisation: 1 month and 1 day after hearing
In total, most divorce applications take around 3–4 months after filing.
Why a DIY Divorce Can Cost You More
Many applicants try to complete their divorce application themselves to save money and simply pay the Court filing fee. However, we often see people come to Craigieburn Lawyers after their application has been rejected or delayed due to requisitions from the Court.
While the divorce process may appear straightforward, it is actually quite technical. The Court requires specific documents depending on your individual circumstances, and missing information can result in delays, additional costs, and unnecessary stress.
Common issues we see with DIY divorce applications include:
Incorrect separation dates
Incomplete information about children
Errors in the application form
Failure to properly serve documents
Missing marriage certificates
Not addressing separation under one roof
Incorrect or missing affidavits
Jurisdiction or residency issues
In many cases, additional affidavits are required. For example:
Separation under one roof affidavits
Affidavits explaining short marriages
Affidavits where service is difficult
Affidavits for substituted service or dispensation of service
These requirements are not always obvious, and the Court will issue requisitions asking for further information. This can delay your divorce by weeks or even months.
Craigieburn Lawyers understand the divorce application process thoroughly and know what documents are required depending on your circumstances. We prepare the applications to ensure all supporting documents are included, and manage the process from start to finish.
Engaging Craigieburn Lawyers can help avoid unnecessary delays, reduce stress, and ensure your divorce is finalised as quickly and smoothly as possible.
How Much Does Divorce Cost in Australia?
The Court filing fee is set by the government and changes periodically. There may also be additional costs if:
You require legal assistance
You need process servers
Additional affidavits are required
We offer fixed-fee divorce services so you know the cost upfront.
Divorce vs Separation vs Property Settlement
It’s important to understand the difference:
Separation when you and your spouse stop living as a couple
Divorce legal end of the marriage
Property settlement –division of assets and liabilities
Parenting arrangements children’s care and living arrangements
These are separate processes, and divorce is often just one part of the bigger picture.
When Should You Seek Advice?
You should consider getting legal advice if:
You’re unsure about your separation date
You live under one roof
You have children under 18
You are concerned about property deadlines
Your spouse may not cooperate
You want a stress-free process
Early advice can save time, money, and unnecessary stress.
Craigieburn Divorce Lawyers You Can Trust
Craigieburn Lawyers assist clients across Craigieburn and Melbourne’s northern suburbs with:
Sole divorce applications
Joint divorce applications
Separation under one roof affidavits
Parenting advice
Property settlement guidance
Fixed-fee divorce services
We understand that divorce is both a legal and emotional process, and we aim to make it as straightforward as possible.
Need Help Filing for Divorce in Craigieburn?
If you’re ready to apply for divorce or simply want to understand your options, Craigieburn Lawyers can help. Our team provides practical, clear advice and handles the paperwork so you can focus on moving forward.
Contact Craigieburn Lawyers today to discuss your divorce application and take the next step with confidence.