Some of our Most Frequently Asked Divorce Questions

How long does a divorce take in Australia?

From the date you file your application, it typically takes three to four months to receive a divorce order. If there are complications — for example due to problems with service, incomplete documents, or issues relating to children — it can take longer. The divorce then becomes final one month and one day after the order is made.

Can I get a divorce if my spouse doesn't agree?

Yes. Australia has a no-fault divorce system, which means you do not need your spouse's consent. You can file a Sole Application and have the documents served on your spouse. Even if they object or ignore the papers, the Court can still grant the divorce provided the legal requirements are met.

Do I need a lawyer to get divorced?

You can file a divorce application yourself. However, mistakes in the paperwork can lead to delays, additional costs, and rejected applications. A lawyer can help you avoid these issues.

What happens to our property when we divorce?

Divorce does not automatically divide your property. You need to either reach an agreement with your ex-partner (formalised through consent orders or a Binding Financial Agreement) or apply to the Court for property orders. Remember the 12-month deadline after your divorce is finalised.

Can I change my name after divorce?

Yes. Once your divorce is final, you can revert to your maiden name or a former name by presenting your divorce certificate to relevant authorities (for example your state roads and transport authority, your bank, or the Australian Passport Office). You do not need a formal name change through the Registry of Births, Deaths and Marriages to revert to a previous name.

What if I was married overseas?

You can still divorce in Australia, provided at least one party is an Australian citizen, is ordinarily resident in Australia, or regards Australia as their permanent home. You will need to provide your overseas marriage certificate (with a certified English translation if applicable).

How much does a divorce cost in 2026?

The Court filing fee is $1,125 (or $375 with a concession card). Legal fees vary widely — traditional firms may charge $2,000–$5,000 or more, while fixed-fee online divorce services can cost a fraction of that. It pays to ask for a transparent, written quote before you commit.

Is mediation required before going to court?

For divorce applications, there is no need to go to mediation. For parenting matters and property settlement, the Court generally expects you to have attempted Family Dispute Resolution or mediation before filing an application. There are exceptions for cases involving family violence or urgency.

What is the difference between separation and divorce?

Separation is when you and your spouse stop living together as a couple. It does not require any legal paperwork or court involvement. Divorce is the formal legal process that ends your marriage. You must be separated for at least 12 months before you can apply for a divorce.

Can I remarry after divorce?

Yes, but only after your divorce order becomes final — one month and one day after the Court grants the order. You will receive a divorce certificate that serves as proof. Any marriage entered into before the divorce is final will not be legally valid.