A Practical Guide to the Key Steps to Divorce in Australia
For a start, pat yourself on the back. You’ve made a really difficult decision to divorce, and it has no doubt come about after deep and long consideration. Separating isn’t easy for anyone, but if you’ve gotten to the point where you’re investigating the steps you need to take so that your ducks are lined up, then you’ve already come a long way.
Divorcing can seem overwhelming, however with a clear plan, practical steps and expert support, you can get through this life chapter with dignity and optimism about your future.
First Measures to Take When Choosing to Divorce
Simple Separation recommends some key initial measures individuals should take when separating and choosing to divorce.
Before you formally separate:
Open a personal bank account: Begin the process of separating your financial life.
Create a budget: Understand your financial needs post-separation.
Change passwords and logins: Safeguard your privacy across emails, banking, and social media accounts.
Organise important documents: Collect financial statements, passports, insurance policies, and other key paperwork.
Take care of your health: Physical and mental wellbeing are vital during this transition.
Remain amicable: Wherever possible, preserving a respectful relationship with your ex will make the divorce process easier.
These actions form the foundation of our Separation Checklist — a vital tool to help you take control from day one.
How do I actually divorce?
While no two separations are the same, there are key steps required to finalise a divorce. Whether your separation is amicable or leaning towards hostile, this guide will help you navigate the process.
Step 1: Formally Separate
For a start, you need to be separated from your spouse for at least 12 months before you can apply for a divorce. This doesn’t mean you necessarily have to live in separate abodes. For financial reasons, many separated couples still share a home, however you need to provide evidence of your decision to separate at least 12 months prior to your divorce application. (This may be in the form of an affidavit.)
Step 2: Confirm Divorce Eligibility
To be eligible to divorce in Australia, at least one married partner must:
Be an Australian citizen (by birth, descent or grant)
Regard Australia as their permanent home
Have lived in Australia for at least 12 months prior to the divorce application.
Step 3: Choose Your Divorce Approach
There’s no single way to divorce, and what you choose may depend on the state of your relationship with your spouse, or on whether or not you have complex financial matters to sort out with your partner.
The options for divorce include:
Using a Divorce Specialist (like Simple Separation)
Using a divorce specialist is the preferable option for couples on a limited budget who need support with the divorce process, yet want to avoid heading into court unnecessarily.
Divorce specialists streamline the divorce process for couples, ensuring that all required steps to divorce are covered by separating parties. This makes for a less stressful experience that is usually far more cost-effective than approaching lawyers. Simple Separation divorce specialists, for example, assist individuals to understand overall divorce strategy, help with legal paperwork, parenting plans, and property division. Our fixed-fee packages ensure that both parties know what costs are involved upfront, with no surprise bills down the track.
Using a divorce specialist can also expedite the divorce process for couples, as Family Court, which often involves lengthy wait times, is avoided. With Simple Separation, parties on average reach agreement within 45-90 days, avoiding costly lawyer negotiations and prolonged conflicts.
Using Divorce Lawyers
In some cases, couples work with a family lawyer to help them through the divorce journey. Obviously, lawyers can be costly, and legal bills easily grow, leaving the final cost unknown until the divorce journey is complete. After divorce, couples who used lawyers often lament how much it all cost them in the end.
Whilst in some cases using lawyers can’t be avoided, this choice certainly comes with a greater financial sting than other approaches.
Do It Yourself Divorce
A DIY divorce involves you managing all the divorce steps yourself, and filing the divorce application in the Commonwealth Courts Portal. This method is not free, however it is certainly cheaper at the outset than other methods. On the other hand, if you make any errors or you don’t fully understand the implications of your decision, you may face further complications and costs down the track.
The DIY divorce approach works best for:
Amicable splits, where both partners support the ending of the marriage, and are communicating in a positive manner.
Divorces that don’t involve settling complex financial matters, such as trusts, businesses and large asset pools.
Divorces that don’t involve children under 18, or divorces between parents who already have a well-functioning parenting plan in operation.
Divorces where both parties are comfortable working to the timeline, following court procedures, and are comfortable with reading, comprehending and completing relevant paperwork.
From here, the steps to divorce will differ, depending on which avenue you choose to take. Let’s start with looking at the steps involved with working with Simple Separation divorce specialists.
Divorce Through Simple Separation (Divorce Specialists) - Key Steps
1: Free Initial Discussion
We offer you a free consultation to discuss your circumstances and determine your best divorce path.
Step 2: Guidance & Planning
We provide expert assistance to determine the most appropriate separation strategy for you.
We run through our Separation Checklist to cover legal, financial, parenting, and emotional matters.
We determine whether a joint or sole application is appropriate in your situation.
Step 3: Documentation Collection
We guide you on what documents you need to provide, and help you to collect, scan and organise them. Documents include ID, marriage certificates (if in another language, you will need an English translation), affidavits if you are separated but living under one roof, and information about any children under 18 (if applicable).
Step 4: Drafting and Reviewing Application
Your divorce specialist will draft the application for you, and you will review it, ensuring it is accurate and complete.
Step 5: Submission and Filing
We file the application on your behalf through the official courts portal.
For sole applications, we also manage or advise on the service process, including affidavits.
Step 6: Support Through Hearing (if required)
If a court hearing is needed, we help you understand what to expect and how to prepare.
Some of our packages offer court representation or extra guidance.
Step 7: Divorce Finalised
We notify you when your Divorce Order is granted (this is typically one month and one day after approval).
We assist you with next steps, such as changing legal documents, closing accounts, and updating records.
At every step, Simple Separation is there to help make the process clear and smooth for you. No key steps to divorce are missed with our help.
Divorce Through a Family Lawyer - Key Steps
If you choose to file for divorce through a family lawyer, the steps involved will be very similar to those of working with a divorce specialist, however a lawyer will be able to ensure your rights are protected in relation to parenting and property, and advise you on next steps, including wills, superannuation splits and financial settlement. Family lawyer fees are generally not fixed, so using the legal option ends up being a lot more expensive, and is generally only used in situations where there is conflict between divorcing parties.
(Note that Simple Separation offers fixed-fee support with amicable Property And Financial Settlement Agreements, Property Transfer, Parenting Plans, & Wills & Estate Planning. As well as separation consultants, our team includes Family Dispute Resolution Practitioners, Divorce Coaches, Family Lawyers, Estate planning Lawyers, and Conveyancers.)
DIY Divorce - Key Steps
Step 1: Prepare Documents
Compile documentation, including marriage certificate, citizenship or residency documents, and any evidence of separation (especially if you remain living under one roof).
Translate any non-English documents (if applicable).
Scan everything in PDF format for uploading.
Step 2: Create an Account & Complete Online Application
Register for the Commonwealth Courts Portal, activate account and log in.
Fill out the online Application for Divorce.
Choose either a sole application (you apply alone) or joint application (you and your ex apply together).
Double-check everything for accuracy.
Step 4: Pay the Filing Fee
Pay the standard government divorce filing fee (currently $1,100) or apply for a reduced fee, if eligible ($365).
Step 5: File & Serve (if sole application)
Submit your application.
If applying alone, you need to arrange to serve your ex-partner with the divorce papers. To do this, you can:
request that a family member or friend serve the papers
pay for a Professional Process Server to deliver the papers, at a cost of approximately $100–$200, or
have the papers delivered by registered post, at a cost of approximately $10-$20.
Step 6: Attend Court (if required)
If you are making a sole application and there are children under 18 involved, you may need to attend a court hearing. (Joint applicants with no under-18 children usually don’t need to attend.)
Step 7: Await Divorce Order
If the court grants your divorce, you’ll receive a Divorce Order one month and one day after the hearing date.
You can download your official order from the Portal.
Amicable Divorces VS Non-Amicable Divorces
Amicable divorces are ideal. They save time, money, and emotional strain. Whilst amicable divorces still require careful preparation, they allow both parties to move forward with minimal conflict.
As part of an amicable divorce, it is a good idea that both parties:
1. Research and Plan
Learn about the divorce process in Australia. Gather questions and seek early advice from supportive professionals like divorce specialists or lawyers.
2. Set Separation Goals
Think carefully about what each partner wants from the separation.
3. Open Communication
Have honest, calm discussions about the decision to separate and how best to handle it.
4. Create a Parenting Plan (if you have children)
Work together to prioritise children’s needs — health, education, emotional wellbeing — and document agreed care arrangements.
5. Work Out Living Arrangements
Decide who will stay in the family home and explore separate living spaces, if possible.
6. Divide Property and Finances
Compile a list of all assets and debts. Negotiate a fair division based on contributions and future needs.
7. Formalise the Agreement
Once both partners reach agreement on finances and parenting, the arrangements can be formalised via Consent Orders through the Family Court.
Non-amicable divorces may take longer and cost more. If emotions are running high or cooperation is difficult, more structured steps will be needed.
For non-amicable divorces, both parties should:
1. Seek Professional Support Early
Engaging independent family lawyers to represent each party’s interests may be required. Lawyers will guide spouses through negotiations or court proceedings.
2. Protect Interests
Each party should follow the Separation Checklist closely — update accounts, secure important documents, and seek advice before leaving the family home.
3. File for Divorce Separately
In Australia, an individual can file for divorce even if their spouse disagrees. (They must have been separated for at least 12 months, and be able to verify this.)
4. Negotiate via Legal Channels
If parties can't reach agreement on property or parenting, they may need mediation or court intervention to resolve disputes.
5. Protect Mental Health
Contentious divorces can take a toll on the mental health of both parties involved. Counselling or coaching can help each individual stay grounded and supported.
Final Thoughts: A New Beginning
While separation and divorce are rarely easy, they can be the beginning of a more peaceful, authentic, and fulfilling life. With the right planning, support, and mindset, you can navigate this change thoughtfully - for yourself, your children, and your future.
At Simple Separation, we’re committed to helping you through every stage. Contact us for support or click here to find out more about how we can support you through a divorce.
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