This is general information, not legal or financial advice. We're not lawyers. It's a plain-English map of how things work in Australia, so you know what to ask. For your situation, talk to a family lawyer, Legal Aid in your state, or the Family Relationship Advice Line on 1800 050 321. If you or your children are unsafe, call 000.
The 12-month rule, separation under one roof, how to apply, what it costs from July 2026, and the one deadline divorce starts that most men miss.
Updated September 2026 · By Alex Laguna
Divorce in Australia is simpler than most men expect. It's a no-fault system: nobody has to prove anything was anyone's fault, and the court doesn't care who left. The divorce itself only ends the marriage. It does not sort out the kids or the money. Those are separate, and that's where the real work is.
Getting back together briefly doesn't necessarily reset the clock. One period of reconciliation of up to three months can be counted around, but the total time apart still has to add up to 12 months. If that's you, get advice on the dates.
Source: FCFCOA: Divorce overview.
Plenty of couples stay in the same house for months after separating, usually for money or the kids. That still counts as separation, but you'll need to prove it with affidavits: your own and, ideally, one from someone independent like a friend, relative or neighbour.
The evidence should show things like: sleeping in separate rooms, no longer doing things together as a couple, not doing each other's washing or cooking, separate finances, and that family and friends were told. It should also explain why you stayed in the same house and which government departments you told.
Source: FCFCOA: Separated under one roof.
A joint application is simpler: no papers to serve. A sole application works when your ex won't or can't sign.
Through the Commonwealth Courts Portal, with your marriage certificate (translated if it isn't in English).
Your ex must be served at least 28 days before the hearing (42 days if they're overseas). You can't hand it to them yourself; someone over 18 has to do it.
Short and held electronically. You must attend if it's a sole application and you have children under 18.
Usually one month and one day after the hearing.
Sources: FCFCOA: Apply for divorce, Serving a divorce application.
| Court fee (from 1 July 2026) | Amount |
|---|---|
| Divorce application | $1,170 |
| Reduced fee (some concession cards, or financial hardship) | $390 |
| Consent orders (to make an agreement about kids or property legally binding) | $215 |
Most people do their own divorce application; it's mostly forms. Where lawyers earn their money is the property settlement and, if it comes to it, parenting disputes.
Source: FCFCOA: family law fees increase. Fees change every July, so check before you file.
The court won't grant the divorce unless it's satisfied that proper arrangements are in place for any children under 18, or there's a good reason to grant it anyway. That doesn't mean you need court orders. It means the application should honestly describe where the kids live, how often they see each of you, schooling, health, and how they're supported.
If you haven't sorted that out yet, sort it out first. Build a parenting plan →
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At least 12 months and one day. You can have been separated while living under the same roof, but you'll need affidavit evidence.
The court filing fee is $1,170 from 1 July 2026, or $390 if you qualify for the reduced fee. Many people file their own divorce application without a lawyer.
The court must be satisfied that proper arrangements are in place for children under 18 (or that there's a good reason to grant the divorce anyway). You don't need court orders, but the arrangements should be settled and described honestly.
No. Divorce only ends the marriage. Property is separate, and you must apply for property orders within 12 months after the divorce becomes final.
No. For a sole application, someone over 18 other than you must serve your ex, at least 28 days before the hearing (42 days if they're overseas).
Reminder: This page is general information about separation in Australia, checked against official sources in September 2026. Laws, fees and payment rates change. It is not legal, financial or tax advice and doesn't create a client relationship. For advice on your situation, see a family lawyer, Legal Aid, or a financial adviser.
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