Divorce
Going through a divorce can feel overwhelming, but you don’t have to face it alone. Our team provides compassionate guidance and clear legal advice, helping you understand the process to move forward with confidence.
What is Divorce in Australia?
In Australia, divorce is the legal end of a marriage. It only addresses the marriage itself – it does not decide arrangements for children or how property is divided. However, divorce can affect those areas. For example, once a divorce is finalised, you have up to 12 months to resolve your property settlement through the family law system.
- If you need help with parenting arrangements, you can read more on our Parenting Services page.
- For financial settlements, visit our Property Services page.
How to apply for a divorce in Australia
You can apply for a divorce if:
– You have been separated for at least 12 months; and
– There is no chance of reconciliation
Either party can apply, or both parties can make a joint application.
There are two main ways to apply for a divorce:
- Apply on your own
You can lodge an application through the Federal Circuit and Family Court of Australia. Even if you choose this option, it is wise to seek legal advice to ensure everything is completed correctly. - Apply with Umbrella Family Law acting on your behalf
Many people prefer to have a lawyer manage the process. We can prepare and file the application on your behalf, reducing stress and ensuring nothing is overlooked. Our professional fees apply in addition to the Court filing fee.
Enquire with us today if you’d like to discuss your circumstances before applying.
How much does it cost to get a divorce?
What you’ll pay upfront for an Umbrella lawyer to get started:
Application fee + Court filing fee = Total upfront cost (plus GST)
For example: Joint Application $1,100 + Filing Fee $1,125 = $2,225 + GST
*we may ask for additional funds if drafting of affidavits and/or support documents is required, payment of disbursements must be made in advance (find out more about cost in the FAQs below).
Do You Need a Family Lawyer to get Divorced?
Strictly speaking, no – you are not required to have a lawyer. However, engaging a family lawyer can:
- Save you time and stress.
- Reduce the risk of errors or delays.
Help you understand how your divorce interacts with parenting or property matters.
Frequently asked questions about divorce in Australia
QHow long does a divorce take?
Once filed, the process generally takes around 3–4 months.
QWhat happens if we have only been married a short time?
If you apply for divorce within less than two years from the date of your marriage you and your spouse need to obtain a certificate from a counsellor to say that you have considered the possibility of staying together and once you have that certificate you can then make the application for divorce.
QI’ve been served with a divorce application, what do I need to do?
If you have received a copy of an application for divorce, this means your spouse has applied for a divorce and you have been served. You can find out more information about being served an application for divorce on the Federal Circuit and Family Law Court of Australia. Divorce can affect other consequences. For example, once a divorce is finalised, you have up to 12 months to resolve your property settlement through the family law system.
- If you need help with parenting arrangements, you can read more on our Parenting Services page.
- For financial settlements, visit our Property Services page.
QI was married overseas. Can I get a divorce in Australia?
Yes, even if you were married overseas, you can still apply for divorce in Australia if the eligibility criteria are met.
There is no requirement to register an overseas marriage to apply for divorce in Australia.
QWhat are the fees to obtain a divorce?
Joint Application – $1,100 (plus GST) – When you and your spouse apply together
Sole Application – $1,750 (plus GST) – If you’re applying on your own (without your spouse’s involvement).
Separated Under One Roof (applicable if you and your spouse have not been living in separate houses for at least 12 months before filing for divorce)
We’ll draft the Application and an affidavit/s confirming that you’re no longer a couple. Drafting of the Affidavit/s (and any supporting documents) will be determined by hourly rates charged in 6 minute units in addition to the fee for completing the application:
Joint Application $1,100 (plus GST)
Sole Application $1,750 (plus GST)
Optional – Divorce Hearing Representation – $450 (plus GST)
Court Filing Fee – $ 1,125You may be eligible for a reduced fee if you have a concession card or meet other criteria – we can help you check.
Process Server Fee – This is a separate fee and might be required if we need to engage a process server to serve the Divorce application on your spouse. If this is required, we will discuss this with you before any fees are incurred. Fees for a Process Server vary.
QMy marriage certificate isn’t in English. What do I do?
If you were married overseas and your marriage certificate is not in English, you must have it translated into English by an accredited translation service.
The translator will need to complete an ‘Affidavit – Translation of Marriage Certificate’ which will need to be filed with your Application for Divorce.
QWhat if we still lived together while we were separated?
You can still apply for a divorce if you were separated but still lived together for any part of the 12 months before applying for a divorce.
However, you will need to provide additional evidence to prove that you have separated.
QCan I get divorced if I have been married for less than 2 years?
Yes, you can get divorced if you have been married for less than 2 years. You need to be separated for at least 12 months and 1 day.
QDoes a divorce automatically change my name?
No. When the Divorce Order is granted, your name does not automatically change. If you would like to change your name back to your maiden name, or any other name, you need to file the appropriate paperwork with the Victorian office of Births, Deaths and Marriages, or your similar births registry in your state. If you would like to change the name of any children of the relationship, both parents must give their consent.
QWhat if my spouse doesn’t want a divorce?
You can still obtain a Divorce Order from the Court so long as you can show that your relationship has “irretrievably broken down” through being separated for 12 months. However, both parties to an Application for Divorce have a right to know about it and so you must show the Court that you have provided a copy of the Application to your spouse.
QWhat is the Divorce Application Process?
Here’s how applying through Umbrella Family Law works:
- Initial Enquiry
Complete the form below to get started. - Cost Agreement & Deposit
We will provide you with a cost agreement and request funds in trust before commencing work. - Application Preparation
Our lawyers draft and file the divorce application on your behalf and send you a draft for approval. - Finalisation
We monitor your matter until the divorce order is granted.
You’re not alone.
Navigating family law can feel overwhelming. Over the years, we’ve discovered that one of the biggest things missing from the process is the reassurance others have been where you are.
