Can amica File for Divorce in Australia? What It Does — and What to Use Instead

If you're asking whether amica can file your divorce, here's the direct answer: no. amica — the Australian government-backed online separation tool at amica.gov.au — handles property division and parenting agreements only. It cannot prepare or lodge a divorce application, because divorce in Australia is filed exclusively through the Federal Circuit and Family Court's Commonwealth Courts Portal. To actually end the marriage, you file there yourself (ideally with a process guide) or pay a lawyer to do it.

This confusion is completely understandable. amica is marketed as a separation tool, government-endorsed, AI-assisted — and "separation" and "divorce" sound like the same legal event. They aren't. In Australia, ending a marriage involves three legally separate tracks: the divorce (which dissolves the marriage itself), the property settlement (dividing assets and superannuation), and parenting arrangements. amica covers tracks two and three. Track one — the one that makes you legally unmarried — goes through the court portal, and only through the court portal.

What amica actually does well

Credit where it's due: for amicable separations, amica is a genuinely good tool for its actual job.

• Property division: an AI-assisted negotiation flow that proposes asset splits based on your inputs, producing a written agreement ($297) or draft consent orders ($990) you can file with the court to make binding
• Parenting plans: guided creation of parenting arrangements without lawyers
• Government endorsement: developed with the Attorney-General's Department, run by the Legal Services Commission of SA — so it's trusted, low-cost, and designed for Australians

If you and your ex are on reasonable terms and the question is "how do we split the house and organise the kids," amica can save you thousands in legal fees. It's the property-and-parenting equivalent of what a filing guide is for the divorce itself: structured process at a fraction of lawyer prices.

What amica cannot do

• File, prepare, or even touch your divorce application
• Help with the Commonwealth Courts Portal, the Affidavit for eFiling, or service of documents
• Handle anything contested — it requires both parties to participate cooperatively
• Give legal advice or replace consent orders for complex asset pools

So the couple who "did everything on amica" and assumes they're divorced is in for a surprise: they're not. The marriage is legally intact until a divorce order is granted by the court, and amica plays no part in obtaining one.

What actually files the divorce

The court fee of $1,170 (or $390 with an eligible concession card) applies on every path.

How amica and the divorce filing fit together

For many South Australian couples, the right answer is both tools, in the right order:

1. Start property/parenting discussions early — amica, mediation, or lawyers depending on conflict level. You don't need to wait for the divorce.
2. File the divorce through the portal once you hit 12 months' separation — with the South Australia Divorce Filing Process Guide walking the sequence if you're self-represented.
3. Watch the 12-month deadline. This is the trap that links the two tracks: once the divorce order takes effect, you have 12 months to commence property settlement or spousal maintenance proceedings, or you'll need the court's special permission (rarely granted, expensive to seek). An amica property agreement should be converted to consent orders well before that clock runs out.

In other words: amica for the money and the kids, the portal for the divorce, and a calendar for the deadline that connects them.

Who this is for

• Amicable separators who assumed amica handled the whole legal process
• Couples who've done a property agreement on amica and still need to file the actual divorce
• Anyone comparing "amica vs hiring a lawyer" who should really be comparing filing paths
• South Australians planning the full sequence: property agreement + divorce + name change

Who this is NOT for

• People with contested property or parenting disputes — amica won't work without cooperation, and you'll need legal advice
• Anyone who hasn't separated yet — nothing here starts the 12-month separation clock
• Filers whose only issue is a spouse who won't engage — that's a sole-application service question, not an amica question
• Non-Australian marriages being dissolved overseas — different system entirely

The divorce side, done properly

Since amica stops at the divorce's edge, the filing itself still needs doing — and it's the part with the expensive failure modes: filing before 12 months and one day of separation, affidavit errors, the joint-application fee-reduction trap (both spouses must qualify or both pay full price), service deadlines for sole applicants, and the post-June-2025 rule changes much of the internet hasn't caught up with. The South Australia Divorce Filing Process Guide covers that track end to end — portal walkthrough, worksheets, service toolkit, and the after-divorce deadline map — for . Pair it with amica's property tools and you've covered the full separation for under the cost of one hour of a lawyer's time.

Frequently asked questions

Does amica legally end your marriage?

No. amica produces property agreements and parenting plans. Only a divorce order from the Federal Circuit and Family Court of Australia legally ends a marriage, and applications are filed solely through the Commonwealth Courts Portal.

Is amica free?

Testing the tool is free. A property or parenting agreement costs $297, and draft consent orders cost $990. Those fees are separate from the $1,170 court divorce filing fee, which amica has no involvement in.

Do I need to be divorced before using amica?

No — property and parenting arrangements can start any time after separation. But be aware of the interaction: once your divorce order takes effect, a strict 12-month countdown begins for commencing property proceedings. Finalise property arrangements (ideally as consent orders) before that deadline.

Is an amica agreement legally binding?

An amica agreement on its own is not automatically binding like a court order — that's why the $990 consent-orders pathway exists. Filed consent orders are enforceable. For anything beyond a simple, amicable split, get advice on whether consent orders or a binding financial agreement fits better.

What if my ex won't use amica with me?

amica requires both parties to participate, so non-cooperation ends that path. The divorce itself doesn't need your ex's cooperation — a sole application through the court portal proceeds with proper service regardless of whether they engage. Property disputes without cooperation are lawyer territory.

See more South Australia guides →