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This DIY Guide walks you through the process of finalising your divorce. It is important to understand that “divorce” is the process that formally ends a marriage. It does not include negotiating property settlement, parenting arrangements or other matters. If you are going through divorce or separation, we strongly recommend you seek legal advice, if only to ensure that you are armed with all the necessary information. However, the bureaucratic process of filing, serving and finalising a divorce can usually be managed without racking up legal fees. This guide walks you through the process step-by-step.
Updated February 2026
It’s important to ensure that you are eligible to apply for divorce and have all the necessary documentation, so before you start the process make sure you tick all the boxes below.
The Federal Circuit and Family Court of Australia (FCFCOA) is now set up to encourage people to file for divorce online. If you are comfortable with using a computer, we recommend that you file online. This guide assumes that you will be filing online. You will require access to the following:
If you are uncomfortable using a computer or cannot access one it is still possible to complete the application form manually and file in person or by post with the nearest family law registry. Filing manually is discouraged, but if you want to do so refer to the FCFCOA website for the current Application for Divorce form and instructions.
You can apply for a divorce by yourself (sole application) or together with your ex-partner (joint application). The application is the same for both but the process is slightly different. With a joint application, there is no need to serve divorce papers (step 5 below). Attendance at court is generally not required unless the Court directs the parties to attend. With a sole application, you are required to serve documents on your ex-partner (step 5 below). Attendance is generally not required unless the Court directs the parties to attend, a Response has been filed, service issues arise, or additional affidavit material is required.
The Court charges a filing fee when you submit an Application for Divorce. A reduced fee may be available if you hold certain concession cards or can demonstrate financial hardship. Current filing fees and eligibility for fee reductions are available on the Federal Circuit and Family Court of Australia website here. If applying online, the filing fee is payable via the Commonwealth Courts Portal. If filing in person, payment methods are available through the relevant court registry.
To register go to www.comcourts.gov.au and click Register Now. Complete the registration details, including setting up your password and click Register. Click here to view a video that walks you through how to register and navigate the Commonwealth Courts Portal.
If you have filed a sole application for divorce you must now “serve” a copy of the application and other documents on your ex-partner (referred to as the respondent). “Service” is the formal process of ensuring that all parties in a court case have all relevant documents. If you filed a joint application this step is not required.
The following documents need to be formally served on your ex-partner:
The documents must be served on your ex-partner at least 28 days before the court hearing if your ex-partner is in Australia, and at least 42 days if not in Australia. You can serve documents by post, by hand or to your ex-partner’s lawyer (if they will accept service). Do not serve documents by post unless you are confident that your ex-partner will return a signed Acknowledgement of Service to you. If they fail to do so the Court will consider that documents have not been served and will not grant your divorce. You cannot serve documents by hand yourself. You need someone over 18 to do this for you: a friend, family member or professional process server. If you are unable to locate your ex-partner you can request to substitute (i.e. serve the documents on someone else) or dispense with service.
Click here to view a video that explains how to serve divorce papers. Click here for a step-by-step written guide on how to serve divorce papers. Consider a Professional Process Server. Service of documents can be the most complex part of finalising a divorce, and is the most common reason that divorce fails to be granted. If you do not expect your ex-partner to fully cooperate, we recommend that you seriously consider investing in a professional process server to serve your documents. It avoids getting your friends or family involved and ensures that service will be done legally, preventing problems once you get to court. Fees are generally between $120 and $150.
Every divorce must go before the court but it is not always necessary to attend. You are generally not required to attend court unless the Court directs you to do so. Attendance may be required if a Response has been filed, service issues arise, additional affidavit material is required, or the Court considers that further information is necessary. Refer to the FCFCOA website for current guidance on divorce hearings.
Once your divorce has been granted by the Court, it will be finalised in one month and one day unless a special order is made by the court to shorten that time. Your divorce order will be available for download from the Commonwealth Courts Portal one working day after the order has been finalised.
This information is general in nature and does not constitute legal advice. Laws and procedures may change after publication, and some information may not apply to your particular circumstances. Please contact our office if you would like to arrange an appointment to obtain advice specific to your situation.