Joint Divorce in Australia: Requirements, Process & Costs

Introduction

Should You File a Joint or Sole Divorce Application?

If both parties agree to the divorce, a joint application is the simplest and fastest path. Under Section 44(1A) of the Family Law Act 1975, a divorce application may be filed by either party alone (sole application) or by both parties together (joint application).

Choose a joint application if:

• Both parties agree to end the marriage
• Both parties can communicate and cooperate on the paperwork

Choose a sole application if:

• One party does not agree to the divorce
• One party cannot be located or contacted
• Communication between the parties has completely broken down

For details on the sole application process, see How to File a Sole Divorce Application in Australia.

Key advantages of a joint application:

1. No service required. Both parties sign the application together, so you do not need to formally serve documents on the other party (Rules 2.42–2.45, Federal Circuit and Family Court of Australia (Family Law) Rules 2021)
2. No court attendance. The hearing can proceed entirely in chambers, without either party present (Section 98A(2); Rule 15.15)
3. Faster processing. Without service and response periods, joint applications generally reach the hearing stage sooner

What Are the Legal Requirements for Divorce in Australia?

To get a divorce in Australia, you must meet five requirements. The court checks all five.

1. Irretrievable Breakdown of the Marriage

The only legal reason for divorce in Australia is that the marriage has broken down for good (Section 48(1)). Australian family law follows a no-fault principle. The court does not look at why the marriage ended. It only asks whether the marriage has in fact ended.

Under Section 48(3), the court can refuse a divorce if it believes you are likely to get back together.

2. Twelve Months of Continuous Separation

You and your spouse must have been separated for at least 12 continuous months before you file (Section 48(2)).

Three-month reconciliation rule. If you get back together for up to 3 months, your earlier separation time still counts. You can combine the periods before and after the reconciliation attempt (Section 50(1)). The time you spent living together does not count toward the 12 months. You can only use this rule once.

For detailed guidance on how the court determines separation (including separation under one roof, sexual relations, and evidence), see Separation Standards for Divorce in Australia.

3. Jurisdiction

At the date of filing, at least one party must meet one of the following criteria (Section 39(3)):

• Be an Australian citizen
• Be domiciled in Australia
• Have been ordinarily resident in Australia for at least one year immediately preceding the application

For matters filed in a territory court, at least one party must be ordinarily resident in that territory (Section 39(8)).

4. Documents in English

If any supporting document (such as a marriage certificate) is not in English, you must provide an English translation plus a sworn statement from the translator (Rule 2.17, Federal Circuit and Family Court of Australia (Family Law) Rules 2021).

5. Arrangements for Children Under 18

Since 2023, you no longer need to prove that your children's care arrangements are sorted before the court will grant a divorce. The Family Law Amendment Act 2023 repealed Section 55A(1).

Under Section 55A(2), the court can still pause the case and ask for a family consultant's report if it is worried about a child's welfare. This rarely happens in practice.

How Long Does a Joint Divorce Application Take?

From the date of filing, a joint divorce typically takes 4–6 months to become final. This does not include the 12-month separation period, which must be completed before you can file.

Important: Property settlement and spousal maintenance applications must be filed within 12 months of the divorce taking effect (Section 44(3)). After that deadline, you need either the other party's consent or leave of the court.

How Do You File a Joint Divorce Application?

Both parties complete and submit the application online through the Commonwealth Courts Portal. Here are the steps:

1. Register an account on the portal (both parties need access)
2. Start a new file. Select Application for Divorce
3. Complete the application. Parts A through F
4. Print the application, then each party signs an Affidavit for eFiling Application
   • Each signature must be witnessed by a Justice of the Peace (JP) or a lawyer
   • Both parties must sign, but they may sign separately with their own witness (Rule 2.13)
5. Scan and upload the signed affidavits
6. Pay the filing fee by Visa or Mastercard
7. Receive confirmation that the application has been filed

Filing Fee

The application fee is $1,125 (effective from 1 July 2025). For the most current fee schedule, see the FCFCOA fee page.

Required Documents

• Marriage certificate (original or certified copy)
• English translation + translator's affidavit if the certificate is not in English (Rule 2.17)
• Affidavit for eFiling Application, signed by both parties, each witnessed by a JP or lawyer
• You will need access to a printer and scanner to complete the affidavit process

Frequently Asked Questions

Q1: Can I get a divorce in Australia before 12 months of separation?

No, you cannot get a divorce before completing 12 months of separation. The 12-month period cannot be shortened or waived under any circumstances. It is a mandatory requirement under Section 48(2) of the Family Law Act 1975. The period must be continuous and must end on or before the date you file.

Q2: What happens if we tried to reconcile during the 12 months?

A reconciliation attempt of up to 3 months does not reset the clock. Under Section 50(1), you can combine the separation periods before and after the attempt. The time you spent living together does not count toward the 12 months. You can only use this rule once.

Q3: Is a joint application cheaper than a sole application?

No, the filing fee is $1,125 for both joint and sole applications. But joint applications save you the cost of formally serving documents. That cost can add up if you need to use alternative delivery methods or apply to skip service altogether.

Q4: Do we need a lawyer to file a joint divorce application?

No, many couples file joint applications on their own. A lawyer can help if things get complicated, for example overseas marriages, jurisdictional issues, or if you need advice on property settlement and parenting arrangements.

Q5: Does the divorce settle property or children matters?

No, a divorce order only ends the marriage. Property division and parenting arrangements are separate processes. You must file property and spousal maintenance applications within 12 months of the divorce taking effect (Section 44(3)).