If you’re planning for a divorce, this article will serve as a guide on how to initiate divorce filing. Divorce is a significant legal process that marks the end of a marriage in Australia. It is a “no-fault” system. This means that the family court does not consider the reasons for the divorce. Moreover, it is separate from property settlement and parenting matters.
The process of divorce filing involves several steps:
Counselling
To initiate divorce filing in NSW, couples who have been married for less than two years and wish to apply for a divorce must attend marriage counselling. You can still apply for a divorce if your marriage took place overseas, or if you don’t know where your partner is, as long as you live in Australia. This requirement aims to encourage couples to explore the possibility of reconciliation before proceeding with a divorce application.
The counselling process involves the following steps:
- Attend counselling with an approved family counsellor. Couples must attend counselling with a family or nominated counsellor to discuss the prospect of reconciliation. The counsellor will provide a certificate confirming that the couple attended counselling.
- Counselling certificate. One must attach the certificate to the Application for Divorce when they file it with the court. Only appropriately qualified counsellors, such as those listed on the Family Relationships website, have the authority to complete the counselling certificate.
- Exemptions. In cases of domestic violence, counselling may not be mandatory.
Mandatory Separation
The process of divorce filing involves a mandatory separation period of at least 12 months. Either spouse can unilaterally initiate the separation, or they can do so mutually. You and your spouse:
- Must be an Australian citizen;
- Consider Australia to be your permanent home; or
- Have made Australia your primary residence for 12 months before your divorce application.
To prove that the marriage has irretrievably broken down, couples must have been separated for at least 12 months, with no reasonable likelihood of resuming married life. It is also possible to be “separated under one roof” if certain criteria are met, but it is important to seek legal advice in such cases.
Sole or Joint Application for Divorce?
You can apply for a divorce online through the Commonwealth Courts Portal. There are two types of applications:
- sole application (filed by one person) and
- joint application (filed by both spouses)
There are certain documents you need to file with your divorce application. All applicants need to file a copy of their marriage certificate , and there may be other documents depending on your circumstances. If you are filing a sole application, you must serve the application on the other party (known as the respondent).
However, if you are unable to attend counselling with your spouse or have special circumstances, you will need to file an Affidavit – Family law and child support.
Finally, there is a filing fee associated with submitting a divorce application, which must be paid when you file your application. A fee of $1060 is payable or you may be eligible for a reduced fee of $350. Check out the Guidelines for fee reduction here. What if you hold certain government concession cards or you are experiencing financial hardship, you may be eligible for a reduced fee.
Keep in mind that the divorce application process does not address arrangements for the care of children or the division of property. If you wish to seek these types of orders, you will need to file a separate application.
You can also check out this flowchart for further information regarding the steps of divorce filing in Australia.

Family Support and Safety
Individuals going through a divorce, especially if they have experienced family and domestic violence, should prioritise their safety and seek the necessary support. Safety planning is crucial for survivors of spousal abuse during and after the divorce process.
This includes developing a safety plan, prioritising financial independence and stability, and seeking professional help. You must document any abusive behaviour, avoid the kitchen during heated arguments, and consider the potential escalation of violence when initiating the divorce process.
Additionally, seeking support from trusted individuals, engaging in self-care, and considering collaborative divorce approaches can aid in the healing process and ensure that the individual’s needs are addressed.
Finally, it’s essential to access legal advice from professionals specialising in family law to understand the legal considerations, emotional and psychological challenges, and financial implications associated with domestic violence and divorce.
Children and Property
Divorcing couples must carefully consider the impact of their separation on their children and work out arrangements for childcare, as well as property division. Studies have shown that parental divorce or separation is associated with an increased risk for child and adolescent adjustment problems, including academic difficulties, disruptive behaviours, and depressed mood.
The impact of divorce and separation on children’s mental health, standard of living, and long-term adjustment should be taken into account during the divorce process. Additionally, seeking counselling and support services after separation is crucial, especially for parents with children, to ensure the well-being of all family members.
Always remember to prioritise the best interests of the children by seeking professional advice and considering parenting support and education.
Other Articles About Divorce Filing in Australia
If you want to know more about the process and other relevant information regarding divorce filing in Australia, we have plenty of resources that might help you:
- How to Get a Divorce in Australia 2023 Guide
- Divorce Checklist Australia
- Divorce Hearing
- Family Law Act: Divorce Laws
- Annulment Vs Divorce: What’s the Difference?
- 70/30 Divorce Settlement in Australia
- What Are Common Reasons to Divorce in Australia?
- Divorce Papers: How to File and Serve Them?
- Divorce Mediation

Seek Guidance from a Family Lawyer
To ensure that you make informed decisions during the divorce process in Australia, it is crucial to seek legal advice. A skilled family lawyer from JB Solicitors can provide comprehensive support throughout the divorce hearing process. We can safeguard your rights and ensure that we prioritise the best interests of your children.
Whether your divorce is contested or uncontested or, a trusted legal team can work diligently to assert your rights and guide you through the divorce proceedings. By enlisting the support of a reputable family lawyer, you can gain the necessary legal advice and representation to make well-informed decisions during this challenging time.
If you are considering a divorce order, don’t hesitate to reach out to us so we can discuss your specific circumstances and receive the guidance you need.
Submit an enquiry today.