Divorce Lawyers Gold Coast
Divorce in Australia
Facing a divorce can feel overwhelming, but you do not have to work it out alone. Collective Family Law helps Queensland clients understand each step, from confirming they are eligible to have the divorce order granted.
The family law system encourages separating couples to resolve disputes outside the courtroom where possible. We can guide you towards a fair outcome on property division and parenting arrangements. When you are ready to formalise your separation, we can also help you apply for divorce online through the Commonwealth Courts Portal.
Not sure whether you have separated in the legal sense? Read our guide to separation and divorce.
How divorce works in Australia
Divorce in Australia is “no-fault”. The only ground is that the marriage has broken down irretrievably. You show this by proving that you and your spouse have been separated for at least 12 months before you file (Family Law Act 1975 (Cth), s 48). The Federal Circuit and Family Court of Australia (FCFCOA) applies this as 12 months and 1 day.
Key points:
- Separation under one roof. You can be separated while living in the same home, but you will need to file extra evidence, including affidavits (s 49).
- Sole or joint application. You can apply on your own or together with your spouse. In a joint application, you do not need to serve documents on each other.
- Who can apply. At least one spouse must be an Australian citizen, or be lawfully in Australia, intend to keep living here and have lived here for at least the last 12 months.
- Reconciliation. The court will not grant a divorce if there is a reasonable likelihood you will resume living together as a couple (s 48(3)).
- Length of marriage. There is no longer a special requirement for marriages of under two years. Since 10 June 2025, the same process applies however long you were married.
- Children. If you have children under 18, the court must be satisfied that proper arrangements have been made for their care, welfare and development (s 55A).
- When it takes effect. A divorce order takes effect one month and one day after it is granted (s 55).
For the court’s step-by-step instructions, see How do I apply for divorce? on the FCFCOA website.
Divorce does not settle property or parenting
A divorce order only ends the marriage. It does not divide your property or decide parenting arrangements. Those matters are dealt with separately, and there are time limits:
- Married couples: you generally must apply for property or spousal maintenance orders within 12 months after the divorce order takes effect (s 44(3)).
- De facto couples: the time limit is generally 2 years from the end of the relationship (s 44(5)).
The court can sometimes allow an application out of time, but it is not guaranteed. Get advice early. See our pages on property settlements and de facto relationships.
What Our Clients Say About Us
Experienced Family Lawyers on Your Side
Our solicitors advise you on the Family Law Act, your entitlements and your obligations. We can negotiate outcomes for you and your children on property division and parenting arrangements, and make sure the right documents are in place so you can close the door on your separation and move on with certainty.
Separation, divorce and the negotiations needed to reach final agreements take time, legal skill and knowledge. Having an experienced family lawyer on your team helps you get sound advice and a fair outcome. Whether you are working through financial disclosure or seeking child-focused parenting orders, we handle your matter with precision and care.
Recent changes to family law
- Divorce (from 10 June 2025): the counselling or leave requirement for marriages of under two years was removed.
- Property (from 10 June 2025): the Act now sets out a four-step process, and the court must be satisfied that any order is just and equitable. Family violence, wastage, liabilities and housing needs are express considerations. The duty of disclosure is set out in s 71B.
- Parenting (from 6 May 2024): the presumption of equal shared parental responsibility was repealed, and courts apply the six best-interests factors in s 60CC(2).
More detail: Attorney-General’s Department: family law changes from June 2025 and FCFCOA: changes from 6 May 2024.
Meet Some Of Our Family Lawyers
Dannielle Young
Hayder Shkara
Ivy Lawrence
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FAQs
What is the procedure to get a divorce in Australia?
You must have been separated for at least 12 months and 1 day. You then file an application (sole or joint) through the Commonwealth Courts Portal. If you have children under 18, you must show the court that proper arrangements are in place for them. Once the court grants the divorce order, it takes effect one month and one day later.
How much does it cost to get a divorce in Australia?
- The court filing fee is currently $1,170, or $390 if you are eligible for a reduced fee, for example if you hold certain government concession cards or can show financial hardship. Both parties must be eligible in a joint application. The court does not fully exempt divorce applications from fees. Fees are indexed each 1 July, so check the FCFCOA fees page for the current amount. Legal fees depend on your circumstances. For a straightforward, uncontested divorce, fixed fees typically range from $1,200 to $1,800, but costs increase if there are disputes over property or children.
How quickly can I get a divorce in Australia?
You must wait until you have been separated for 12 months and 1 day before you can file. After you file, the court usually takes a few months to process the application and, if a hearing is needed, to list it. The divorce takes effect one month and one day after the order is made. Timing varies with the court’s workload and whether your application is complete.
Do I need to have been married for two years to get a divorce?
No. Since 10 June 2025, there is no special requirement for marriages of under two years. You still need 12 months and 1 day of separation.
Can my spouse and I apply for divorce together?
- Yes. A joint application can be filed through the Commonwealth Courts Portal, and you do not need to serve documents on each other.
Does getting a divorce settle our property and children's arrangements?
- No. Divorce only ends the marriage. Property and parenting matters are dealt with separately, and property applications generally must be made within 12 months after the divorce takes effect (s 44(3)).