Australian Divorce Online: How It Works, What It Costs, and Whether You Need a Lawyer

You can start and file a divorce application online in Australia, but the process is not always entirely digital. In most states and territories, the Federal Circuit and Family Court of Australia (FCFCOA) uses the Commonwealth Courts Portal. Western Australia is the exception: divorce applications are filed through the Family Court of Western Australia's eCourts Portal. You will generally still need to print and sign an affidavit before an authorised witness, and a sole applicant must arrange service on the other spouse. If a FCFCOA hearing requires attendance, it is held electronically.

This guide covers what the online process involves, who is eligible, what it costs, and when doing it yourself makes sense versus hiring a lawyer or paying for an online service.

How Australian Divorce Works Online

Divorce in Australia is governed by federal family law. For applications filed in most states and territories, the FCFCOA handles the case through the Commonwealth Courts Portal. Western Australia handles divorce through its own Family Court and eCourts Portal. The legal eligibility rules are federal, but the filing portal and some practical court procedures depend on where you file.

For a FCFCOA application, the Commonwealth Courts Portal handles four main tasks:

1. Application submission — you complete the online divorce application, providing details about the marriage, separation, residency, and any children under 18
2. Document upload — you upload your marriage certificate, the signed affidavit and any other required documents, including service documents where applicable
3. Fee payment — the filing fee is paid through the portal using a Visa or Mastercard credit or debit card
4. Court-file access — you can check filed documents, court events and orders through the portal

What the portal does not eliminate is paper signing. You need to print the relevant affidavit, sign it before an authorised witness (usually a Justice of the Peace or lawyer), and scan and upload it. A sole application also has a separate service step.

Eligibility Requirements

To file for divorce in Australia, you must meet all of these conditions:

• 12-month separation period. You and your spouse must have been separated for at least 12 months and one day before the application date. Separation under one roof can count, but you will need extra affidavit evidence about how the relationship changed; the relevant details depend on your circumstances.
• Australian connection. At least one spouse must be an Australian citizen, regard Australia as home and intend to live here indefinitely, or be lawfully in Australia and have lived here for the 12 months immediately before filing.
• Marriage certificate. You generally need a copy of your marriage certificate. If you married overseas, the marriage must have been solemnised according to the law of that country; a non-English certificate may also need a translation and supporting affidavit.

You do not need your spouse's agreement to file. For a FCFCOA application, a sole application uses the same online application as a joint application, with the added requirement that you serve the application and associated documents on your spouse after filing.

Joint vs Sole Application

A joint application means both spouses file together. Neither party needs to be served, and the Court may deal with the application without either party attending a hearing. This can be the simpler path when both parties agree the marriage is over, but the Court may still ask for further evidence or attendance.

A sole application means one spouse files without the other. The applicant must then arrange for the documents to be served on the respondent — either by hand through an independent person over 18, or by post if the respondent agrees to sign and return an acknowledgment of service. For FCFCOA applications, service generally must occur at least 28 days before the hearing if the respondent is in Australia, or 42 days if the respondent is overseas.

Under current FCFCOA guidance, having children under 18 does not by itself make attendance mandatory for a sole applicant, although attendance can still be required or requested in particular circumstances. The type of application does not change the legal ground for divorce; it changes the signing, service and hearing obligations.

What It Costs (as at 1 July 2026)

The FCFCOA filing fee is A$1,170. If you qualify for a reduced fee — for example, as the primary holder of an eligible concession card or on financial-hardship grounds — the reduced fee is A$390. For a joint application, both applicants must be eligible for the reduction; for a sole application, only the applicant needs to be eligible. The Court fee is the same whether you file yourself, use an online service, or hire a solicitor.

Beyond the Court fee, your total cost depends on the help you choose and the circumstances of your application:

• DIY through the portal: the Court fee, plus any applicable witness, translation, postage or process-server costs
• Online divorce service: the Court fee plus the provider's fee; check exactly what document preparation, filing, service and follow-up are included
• Family lawyer: the Court fee plus legal fees, which vary widely by lawyer and by the complexity of the matter

For a straightforward matter, self-filing avoids a provider fee. A process-navigation guide can add structure, but it does not change the Court fee or replace legal advice. The Court applies the same eligibility and procedural requirements regardless of who submits the application.

Timeline: How Long It Takes

There is no guaranteed filing-to-order timeline. The key milestones for a FCFCOA application are:

• Before filing: you must have completed the 12-month-and-one-day separation period
• Filing to hearing: the Court sets the hearing date. For a sole application, the date must generally be at least 42 days after filing if the respondent is in Australia, or 56 days if the respondent is outside Australia; the next available date can be later
• Service: for a sole application, the documents must generally be served at least 28 days before the hearing in Australia, or 42 days before the hearing overseas
• Hearing to final order: the Divorce Order becomes final one month and one day after it is made, unless the Court makes a special order. It can then be downloaded from the Portal on the next working day

Incomplete or unaccepted documents can delay the matter. Check your email and the Portal, and correct any problem the Court identifies. If an application is dismissed or struck out, you may need to re-file and pay another filing fee.

What "Online Divorce Services" Actually Offer

Commercial businesses offer online help with divorce applications. It is worth understanding what they do and do not provide.

Some online services help prepare and lodge an application. If they lodge a FCFCOA matter, it still goes through the same official Portal; they cannot change the eligibility rules, Court fee or Court's decision. Their provider fee is separate, and the scope varies, so check whether it includes service, translations, additional documents or follow-up with the Court.

Some services state that they do not provide legal advice. If your situation involves contested property or parenting issues, complex superannuation, family violence, international service, or a spouse who disputes the separation date, seek legal advice rather than assuming an online service can advise you.

Compare the provider's fee and scope with doing the filing yourself. A service may save administrative time, but it does not turn a complicated legal situation into a routine one.

When You Can Confidently File Yourself

DIY online filing may suit you when:

• You meet the eligibility requirements and have completed the 12-month-and-one-day separation period
• The divorce application itself is straightforward, and you understand that property and parenting matters are separate
• You have access to a computer, printer, scanner and Visa or Mastercard
• You can arrange an authorised witness for the required affidavit
• Your spouse's location is known if you are filing a sole application and need to arrange service

A joint application can be simpler if your spouse will cooperate, but you do not need agreement to make a sole application. Either way, read the current Court instructions carefully and get advice if you are unsure how they apply to your circumstances.

When to Get Professional Help

Consider legal advice — from a lawyer, Legal Aid or another qualified service — if your situation involves any of these:

• Contested property, financial or parenting matters. Divorce does not determine property, financial or parenting arrangements; those are separate processes.
• Family violence or safety concerns. Ask a lawyer or the Court about safe filing and service options before contacting the other party.
• International complications. A spouse living overseas can change service requirements and raise jurisdictional questions.
• Disputed separation date or separation under one roof. These circumstances may require additional evidence and careful explanation.
• Uncertain eligibility or missing documents. Overseas marriages, translations and residency evidence can require additional material.

You can file for divorce yourself while getting separate advice about property or parenting matters, but filing for divorce does not resolve those matters.

Filing Yourself With a Process Guide

If you want to handle the filing yourself but want structured process navigation, a filing guide can help organize the Portal workflow, documents and deadlines, with decision trees and worksheets for choices such as joint versus sole filing, service, separation under one roof, parenting information and fee-reduction eligibility. It is educational and administrative guidance, not legal advice, and it cannot guarantee that an application will be granted.

The New South Wales Divorce Filing Process Guide covers the NSW-specific workflow from eligibility checks through filing, sole-application service and post-filing steps, with standalone worksheets you can use to organize the process. If you live elsewhere, confirm the current instructions for your registry.

See more New South Wales guides →