Divorce proceedings in Australia have become more DIY-friendly, especially for those considering an application for divorce without engaging solicitors. Since the merger of the Federal Circuit Court and the Family Court, court processes have been streamlined, making it easier for individuals to manage their own matters.
However, issues like child custody, child support, and living expenses—particularly when dealing with an ex-partner—can complicate the process. If there are shared assets or ongoing financial interest, determining how to fairly split property and responsibilities may require formal consent orders. While a DIY approach may suit some, others may benefit from professional guidance to ensure the correct handling of financial arrangements and parenting matters.
It’s crucial to fully understand the divorce application process to ensure you avoid any mistakes. It’s also vital to know when to seek legal advice.
Divorce application
The easiest way to apply for a divorce is online through the Commonwealth Courts Portal by lodging an application for divorce.
While this process can be straightforward, it’s important to consider related matters such as child custody, child support, and how living expenses will be managed—especially if you and your ex-partner have joint financial responsibilities or shared assets.
If there is agreement on these issues, you may also need to apply for consent orders to formalise the arrangements. Although the system is designed to be accessible without solicitors, legal advice can still be valuable when navigating complex financial interests or deciding how to fairly split property.
Check our blog for an easy process when applying for divorce online: How to Apply for Online Divorce Application? (8 Simple Steps Guide)
Here are some points to consider before applying.
Marriage certificate
You must produce your marriage certificate to get a divorce in Australia. If you were married overseas, the certificate may need to be translated by an accredited translator, which you can find through the National Accreditation Authority for Translators and Interpreters’ online directory.
If you’ve misplaced your certificate, you can order a replacement through the Registry of Births, Deaths, Marriages and Divorces via their website, usually for a fee that can be paid by debit card.
In cases of financial hardship, some individuals may be eligible for an exemption from this fee, depending on their setting and available funds. It’s a good idea for every person applying to check eligibility criteria.
During this process, consent may be required from the other party, especially if ongoing negotiations about the divorce or property are taking place. If you need support, you can contact the relevant office by email or phone—assistance is available to everyone, regardless of their personal situation.
Eligibility for divorce proceedings
To be eligible for a divorce, you or your spouse must be an Australian citizen or have lived in Australia for the past 12 months. The Family Court of Australia may require the applicant to provide evidence of residency—such as a signed letter from an employer, educational institution, doctor, or the Australian Electoral Commission. As part of the application for divorce, it’s also important to consider child custody arrangements, care arrangements, child support obligations, and broader family law matters. Parents will need to complete the correct paperwork and understand how changes in employment, leave entitlements, or residence may impact eligibility.
For example, someone managing work commitments, youth allowance, or repayments may face a higher financial burden. In these cases, it’s worth exploring payment plans, instalments, or fee structure exemptions to help reduce divorce fees and court costs. The Family Court offers helpful information on its website, and reading a relevant article or guide can improve your understanding. Whether you’re facing language barriers (e.g., needing information in English), aid limitations, or general misunderstandings, seeking a consultation with a legal professional can reduce your risk of delays. With so many things to manage under one roof—from finances and entitlements to legal documents and hearing preparation—choosing the right method and support team is essential for every type of person navigating the divorce process.
Separation requirements
Before applying for a divorce, you must have been separated from your spouse for at least 12 months, regardless of your residence status or age. You may continue to cohabit during this period, but you must provide evidence to the Court. This includes producing an affidavit from both parties explaining the circumstances, as well as one from a third party—such as a family member, friend, or office colleague—who is familiar with your situation.
This helps clarify misunderstandings and provides a clearer basis for the Court’s decision. Parenting arrangements, care arrangements, and financial factors—such as rent, shares, tax, and entitlements like Austudy—can influence the Court’s view. For residents receiving government aid or commonwealth support, meeting the criteria for divorce fees, court fees, and potential payment plans is essential.
Individuals Facing Translation or Legal Complexity
Individuals facing language or translation barriers may also need assistance to ensure their paperwork is correct. Disputes over property or parenting responsibilities may lead to interim hearings or further action, so it’s a good idea to seek reliable information early.
Taking control of the process helps reduce stress and strain, allowing parents and partners alike to make more informed decisions about their future.
If you need help with your divorce, you can get a free 30-minute consultation from Ferrall & Co. Lawyers. Contact them for assistance.
Sole application vs joint application
Joint applications are generally more straightforward and may help reduce family law fees. However, in some cases, a sole application is unavoidable. A key difference is that the sole applicant must serve divorce papers on their former partner, which can involve additional steps and potential hearing fees.
Depending on the circumstances, including whether there is an interim order application or disputes over investment property, the process may become more complex. Fee rates can vary, so it’s important to consider your gross income and how legal costs might impact the overall asset pool. If you have a question about your situation, it’s best to seek tailored legal advice.
Serving divorce documents
In Australia, divorce documents can be served by hand through a third party who is over 18 years old. You cannot serve the papers yourself, regardless of the setting. If you’re confident your ex-partner will provide consent by signing and returning the documents, you may serve them by post or through email—if permitted. Service can also be made to your spouse’s lawyer, provided they agree to accept service.
Every person involved in the process must follow proper legal procedures, and it’s important to retain evidence of service. For those experiencing financial hardship, applying for an exemption from related service costs may be possible, depending on available funds.
Information on service options, exemptions, and legal requirements is available on the official Commonwealth Courts website. Keep in mind that while paying for services—such as document preparation or filing—can usually be done by debit card, clear communication during negotiations is key to ensuring everyone involved understands their responsibilities.
Seeking legal advice
Divorce applications can be straightforward, but when it comes to the divorce settlement, there are often conditions, concerns, and potential drawbacks that arise. Legal assistance is recommended in these cases to ensure clarity, transparency, and full disclosure—especially around money matters such as salary, wages, redundancy, cash, investments, and bonds.
A lawyer can provide an overview of your rights and obligations under the relevant section of the law and offer guidance to help reduce the burden during this life transition.
This support can also assist in setting clear priorities and providing certainty when dividing assets. Whether you’re navigating a complex financial history or simply want to ensure everything is handled fairly, legal advice can make the difference between confusion and confidence.
Your spouse refuses to cooperate
Sometimes, a spouse won’t cooperate with the proceedings, creating complications in the divorce process. This can involve disputes over parenting or financial matters, disagreements about living arrangements, or refusals to participate in mediation or a conciliation conference.
In such cases, a divorce lawyer can help navigate the Family Court of Australia, assist with applying for parenting orders or a divorce order, and ensure all court filing fee requirements are met. If you’re receiving Youth Allowance, your eligibility for reduced fees may depend on the income test. Legal professionals can also help clarify the fee structure, including mediation fees, and assist in preparing a parenting agreement or final orders.
Payments such as these may be made using a credit or debit card, and clients can explore financing options such as JustFund if cost is a concern. Whether you’re dealing with assets held in retail outlets or negotiating financial matters, a lawyer’s support provides direction and helps bring resolution to a difficult situation.
Refusing service
You may need help serving your spouse. Often, they will be unlocatable, making service difficult. A divorce lawyer can help you apply for substituted service.
This allows you to serve someone who will bring the application to your spouse’s attention. This may be a friend, family member or colleague. You may also be eligible for dispensation of service. This applies if you’ve exhausted all reasonable attempts to serve the documents.
Counselling requirements
If you have been married for less than two years, you must attend counselling before applying for a divorce. This method ensures couples consider reconciliation before proceeding.
However, if your spouse is missing, refuses to attend, or you face a risk of harm, you can apply to have the counselling requirement waived. A family lawyer can assist in preparing an affidavit that explains the situation and provides a clear answer to the Court.
They can also advise on whether to pursue interim orders, a decree of nullity, or another type of application depending on your circumstances. Legal professionals—often working alongside barristers and a trusted team—can help you navigate this legal maze with confidence.
From managing time limits and surplus income to addressing assets tests, liabilities, interest rates, and ongoing maintenance, your lawyer can recommend the best approach. Whether your case proceeds to mediation with a skilled mediator or to trial, a lawyer’s ability to manage your finances with clarity and passion ensures you remain in control and in touch with your priorities throughout the process.
Mediation
Mediation services can be vital to resolving conflicts during family law matters in Australia. You may be struggling to organise a property settlement or parenting arrangements, especially in a setting where communication with the other person is limited or negotiations are tense. A family lawyer can help guide the mediation process, ensuring that consent is clearly documented and that everyone involved understands their rights and responsibilities.
If you’re experiencing financial hardship, you may be eligible for an exemption from mediation fees, depending on your available funds. Payments for services can usually be made by debit card, and many providers list their fees and eligibility criteria on their website. The Family Relationship Advice Line is a valuable resource for every person going through family law challenges. It offers guidance, support, and referrals to other services that can assist—whether you need legal advice, support for children, or help coordinating communication through email or in person.
Download our FREE Divorce Checklist for a more detailed guide on the next steps.
Proving separation
Separation can be complicated to demonstrate, especially if you’re living under the same roof as your spouse. When filing an affidavit to explain your circumstances, it’s crucial to ensure it is worded correctly and addresses all necessary points.
This may include details about self-employment income, lump sum payments, and rental income, as well as any government support such as a pensioner concession card, health care card, or seniors health card. The affidavit should also outline any relevant provisions and help establish the validity of your separation claim. A divorce lawyer can assist you, your spouse, and a relevant third party in preparing a thorough response that clearly explains the situation.
Financial hardship
Family law matters can be expensive, and many family law cases involve complex financial considerations. Divorce applications have a filing fee that can’t be waived, though you may be eligible for a reduction.
The Court applies a three-part test to determine eligibility, taking into account factors such as employment income, termination payments, bank accounts, fringe benefits, and even paid parental leave.
If you’re receiving a low income due to caregiving responsibilities or are experiencing a financial breakdown, you may also qualify for assistance.
A divorce lawyer can help you prepare the necessary documentation, including evidence related to convertible shares, credit score, and financing options. If your application is refused, there may be options for appeal. You’ll also need to ensure that proper notice is given and provisions are in place for ongoing legal costs. Through it all, approaching the process with clarity and respect can make a significant difference.
Conclusion
No two divorces are the same. Some may be straightforward and relatively painless, while others involve complex parenting arrangements, property settlement issues, or disputes over children and income. Understanding the divorce process, including how to complete the application form and manage fees, can help you go a long way on your own. However, it’s also important to be aware of the court’s requirements, potential divorce costs, and available options such as a fee reduction for eligible individuals.
Government guidelines, parenting orders, property agreements, and payment of loans or other expenses can all impact the outcome. Taking time to learn how the court assesses income, assets, and liabilities ensures you’re better prepared for what lies ahead.
However, professional legal assistance will benefit from the complexities of uncooperative spouses or mediation requirements.
If you need a divorce lawyer, Ferrall & Co. can help. Contact us today.
