If the idea of managing the process feels overwhelming, our experienced family lawyers at Arcadian Legal can handle the application on your behalf, helping to take the pressure off and providing you with the confidence that the application is completed correctly.
Sole vs Joint Applications
When applying for a divorce, you will need to decide whether to make a sole application or a joint application. A joint application is used when both parties agree to apply together. In this situation, you complete the paperwork as co-applicants, sign the documents, and confirm the details in an affidavit. Because both parties are involved, it is usually a simpler process.
A sole application is made when only one spouse applies. This may be because the other party does not agree to the divorce, cannot be located, or simply does not wish to be involved in preparing the documents. In a sole application, the person lodging the application is referred to as the applicant, and the other spouse is known as the respondent. Once the documents are filed, the applicant must arrange for the documents to be served on the respondent so they are formally notified of the proceedings. Service cannot be carried out by you (the applicant) personally; instead, it must be carried out by another adult or a professional process server. After service is complete, an affidavit of service must be filed with the Federal Circuit and Family Court of Australia (FCFCOA) to confirm that the documents were delivered correctly.
Choosing between a sole and joint application depends on your circumstances. If you and your spouse are on cooperative terms, a joint application can save time and reduce unnecessary steps. If a joint application is not possible, a sole application ensures you can still move forward with the divorce process.
What happens if you cannot locate your spouse?
In some cases, it may not be possible to locate your spouse to serve the documents. If this happens, you can apply for substituted service or dispensation of service. Substituted service allows the Court to approve an alternative way of delivering documents that is likely to come to your spouse’s attention, such as by email, social media, or via a family member. Dispensation of service means the Court can excuse you from serving the documents altogether if you can show that you have made every reasonable effort to locate your spouse without success.
These options ensure that you can still progress with your divorce application. As these applications can be complex, it is recommended that you seek legal advice before making a request to the Court. You may be able to access assistance through Legal Aid, or our team can guide you through the process.
How to submit a divorce application
Divorce applications are lodged online through the Commonwealth Courts Portal. This portal is the official system used by the Federal Circuit and Family Court of Australia (FCFOA). It allows you to complete, file, and track your application.
The first step is to create an account on the portal. Once registered, you can access the divorce application eForm. The form requires you to provide details about yourself, your spouse, your marriage, and your separation, along with information about any children under 18. Every section must be completed accurately, as errors or omissions can delay the process or result in the Court requesting additional documents.
Supporting documents required
In the Commonwealth Courts Portal, you will be guided by checklists, fact sheets, and instructions that explain what information and documents need to be provided. These resources are available within the portal.
Your marriage certificate must be supplied. If it is not in English, you will also need to provide a certified translation, along with an affidavit from the translator, to ensure its authenticity. If you do not have a copy of your marriage certificate, you can usually obtain one from the registry of births, deaths, and marriages in the state or country where you were married.
In some cases, additional documents may be required. For example, if you and your spouse have been separated but continued to live under the same roof, you will need to file an affidavit explaining how you have lived separately despite sharing the same residence. Other affidavits may also be required in particular circumstances, such as when you cannot locate your spouse to serve the application as discussed above. These documents help the Court confirm that the eligibility requirements for divorce have been met and that your application can proceed.
What are the filing fees for a divorce application?
In Australia, anyone applying for a divorce is required to pay a government filing fee. The fee is set nationally and remains the same regardless of the state in which you live. As of 1 July 2025, the standard filing fee for a divorce application is $1,125.00. If you hold Government concession cards or can demonstrate financial hardship, you may be eligible for a reduced fee of $375.00. For joint applications, both parties must meet the eligibility requirements to be eligible for the reduction.
The responsibility for paying the filing fee depends on the type of application. If you are a sole applicant, you must pay the fee. In a joint application, the Court requires that the filing fee be paid in full, but how the cost is shared is a private agreement.
Arrangements for Children
A divorce does not decide what parenting arrangements should be in place for children, but the Court must be satisfied that proper consideration has been given to their care before granting a divorce order. If there are no children of the marriage under 18, the Court will make a declaration to that effect. If there are children under 18, the Court must be satisfied that suitable arrangements are in place, or that there is a good reason for the divorce to be granted, even if those arrangements are not yet fully settled.
The application form requires you to provide information about any children who were treated as part of the family before separation, whether or not they are your biological children. You will need to outline details about their living arrangements, including how they spend time with or communicate with each parent, their education, health, and financial support, and the reasons why these arrangements are appropriate. If this information is not provided or is not considered sufficient, the Court may adjourn your application until further details are given. Having a written parenting plan in place can help demonstrate that practical arrangements have been carefully considered and that the children’s best interests are being prioritised.
What happens next?
Once your divorce application has been lodged, the Court will review the documents to ensure that all requirements have been met. In many cases, the process is handled without you needing to attend court. However, if there are children under 18 or if there are questions about whether the application has been served correctly in a sole application, court attendance may be required.
If the Court is satisfied that the marriage has broken down irretrievably and all legal requirements have been met, it will issue a divorce order. From the time of lodgement to the granting of the order, the process typically takes around three to four months, depending on Court processing times and whether any issues arise. The order becomes final one month and one day after it is made, at which point the marriage is legally dissolved. The sealed divorce order will be available for you to download from the Commonwealth Courts Portal. Paper copies are not posted out, so downloading them from the portal is the only way to obtain the official order.
Although the Court must consider the children’s best interests before granting a divorce, parenting, financial, and property matters are separate issues and are not resolved as part of the divorce itself. If you wish to apply for financial or property orders, you must do so within twelve months of the divorce becoming final. Applications made after that time require the Court’s permission, which may not always be granted.
How Arcadian Legal Can Help with Your Divorce Application
A divorce application is the formal legal process required to end a marriage. Completing each step correctly ensures that the Court can grant a divorce order without unnecessary delays. The divorce itself only ends the marriage, and property settlements and parenting arrangements are addressed outside of the divorce order. However, giving these matters attention early can help protect your future and provide stability for your family. It is also wise to update your Will and other personal legal arrangements as your circumstances change. Working with a divorce and separation lawyer guides you through the broader consequences of divorce and ensures that your divorce application is managed correctly at every stage.
