By Mia Eddy, Paralegal & Sheree Orbell, Solicitor Director at Orbell Family Lawyers
For many families, deciding to separate is one of the hardest decisions they will ever make. Alongside the emotional impact, there are practical questions that quickly follow, especially when children, finances and shared responsibilities are involved.
One of the most common questions we hear is: “How do I actually get divorced in Australia – and what does it involve?” Mia Eddy, Solicitor and Sheree Orbell, Founder of Orbell Family Lawyers, explains the key steps and what families need to know.
Divorce is just one part of separation
A divorce is the legal end of a marriage. However, it’s important to understand that divorce does not resolve everything.
It does not deal with:
- Property or financial settlements
- Parenting arrangements
- Child support
These are separate issues that need to be worked through alongside, or after, the divorce process.
Who Can Apply for Divorce in Australia?
Australia has a “no–fault” divorce system, which means the reason for the relationship breakdown isn’t considered.
To apply for a divorce, you need to meet three key requirements:
You’ve been separated for 12 months You and your former partner must have been separated for at least 12 months, with no reasonable chance of reconciliation.
Some couples remain living in the same home during this time. This is allowed, but additional explanation may be required.
You meet residency requirements At least one of you must:
- Be an Australian citizen, or
- Live in Australia and consider it your home, or
- Have lived in Australia for at least 12 months before applying
You have Proof of Marriage
Usually a marriage certificate. If it’s not in English, a translated version will be required.
How do you apply for divorce?
You can apply online through the Commonwealth Courts Portal.
There are two options:
- Joint Application (Recommended where possible): Both parties apply together. This is generally simpler, faster and less stressful.
- Sole Application: One person applies, and the other must be formally provided with the application.
What happens if you have children under 18?
If you have children under 18, you’ll need to provide basic information about their arrangements.
This includes:
- Where they live
- Schooling
- Health
- Financial support.
This is not about deciding parenting arrangements at this stage, it’s simply to confirm that children are being appropriately cared for.
How Much Does Divorce Cost in Australia?
The current filing fee is $1,125. A reduced fee (around $375) may be available if you hold a concession card or are experiencing financial hardship. For joint applications, the cost is usually shared.
Do You Need to Go to Court for Divorce?
In most cases, no. The majority of divorces are handled online, and attendance is not required.
You may need to attend (usually by phone) in limited situations, such as:
- If there are children under 18 and it’s a sole application
- If the other party raises an issue
When Is a Divorce Final?
Once approved, a divorce becomes final one month and one day later.
At that point:
- You are legally divorced.
- You can remarry if you choose.
You will receive an electronic Divorce Order confirming this.
What Happens After Divorce?
This is one of the most important (and often overlooked) steps. Once your divorce is final, you generally have 12 months to finalise:
- Property settlement
- Spousal maintenance.
If you miss this timeframe, it can become significantly more complicated to resolve these issues.
three Common Mistakes to Avoid
1. Thinking divorce finalises everything Many people assume that once they’re divorced, finances and parenting arrangements are automatically sorted. They’re not. These need to be dealt with separately, and ideally sooner rather than later.
2. Waiting too long to get advice Delaying advice can lead to missed deadlines, poor decisions, or unnecessary stress. Even a short conversation early on can help you understand your position and avoid costly mistakes.
3. Letting emotion drive practical decisions Separation is emotional, understandably so. But decisions about children, finances and future stability need to be made carefully and with clarity. Keeping the focus on long–term outcomes (especially for children) leads to better results for everyone.
Getting the Right Support
While the divorce process itself is often straightforward, the broader issues around separation can be more complex, particularly when children are involved.
Getting clear, practical advice early can help you:
- Understand your options.
- Avoid delays or mistakes.
- Make confident decisions about your next steps.
At Orbell Family Lawyers, we work with families across the Central Coast every day, helping them navigate separation with clarity and structure.
Our focus is on helping you move forward, not just legally, but practically and confidently.
Liability limited by a scheme approved under Professional Standards Legislation. The information contained in this article is provided for information purposes only and should not be construed as legal advice.