How To Apply For A Divorce In NSW: A Step-by-Step Guide [Updated 2026]

Key Summary

• To apply for a divorce in NSW, you must have been separated from your spouse for at least 12 months and meet Australian citizenship or residency requirements.
• The application is lodged through the Commonwealth Courts Portal at comcourts.gov.au – either jointly with your spouse or on your own as a sole applicant.
• Filing fees are set by the Federal Circuit and Family Court of Australia – a reduced fee applies if you hold an eligible concession card or meet income thresholds. The current fee is A$1,125.
• Most applications take approximately one month and a day from lodgement to a final divorce order.
• A divorce application deals only with ending your marriage – it does not resolve property division or parenting arrangements, which require separate court applications.

Do I Qualify for a Divorce in NSW?

Before you apply, you need to satisfy three requirements under Australian family law :

• Irretrievable breakdown – You and your spouse must have been separated for at least 12 months and one day. This is the only ground for divorce in Australia.
• Australian connection – At least one of you must be an Australian citizen, a permanent resident, or must have lived in Australia for at least 12 months immediately before filing.
• Counselling certificate – If you have been married for less than two years, you must provide a certificate from a registered family counsellor confirming that you attended counselling and explored the possibility of reconciliation.

What if you are still living together?

Living under the same roof does not prevent you from applying for a divorce.

You can be considered legally separated while still sharing a home, provided that you are no longer living as a married couple.

For example, you are sleeping separately, managing your finances independently, and no longer presenting as a couple to family and friends.

If this applies to your situation, you will need to file an additional affidavit explaining the circumstances of your separation.

It is advisable to seek legal advice before filing in these circumstances.

For more information on eligibility requirements, see our complete guide on divorce in Australia.

How to Apply for a Divorce in NSW - Step by Step

Making a divorce application in NSW, or anywhere in Australia, is usually a straightforward process.

Our Sydney Family Lawyers outline the steps below take you from separation through to receiving your divorce order.

Step 1 – Separate with Your Spouse

There is no formal legal process for separating in Australia. You do not need to file any paperwork, attend court, or formally notify anyone.

One or both parties simply needs to decide the marriage has ended and begin living separately.

The date of separation matters – it is the starting point for the 12-month waiting period required before you can file.

Step 2 – Wait 12 Months

You cannot apply for a divorce until you have been separated for at least 12 months.

The period runs from the date of separation, regardless of whether both parties agreed to end the marriage.

If you and your spouse are uncertain of the exact date, courts will generally accept an agreed date provided it was at least 12 months before the application is filed.

If the date is disputed, the court may look at evidence such as bank records, correspondence, or statements from family or friends.

Step 3 – Gather Your Documents

Before you begin your application online, gather the following :

• Marriage certificate – an original or certified copy. If your certificate is unavailable (for example, if you were married overseas and cannot obtain the original), you can file an affidavit explaining why it is not available.
• Proof of Australian citizenship or residency – only required if you were not born an Australian citizen. Acceptable documents include a passport, citizenship certificate, or evidence of 12 months of continuous residence immediately before filing.
• Counselling certificate – only required if you have been married for less than two years. This confirms you attended counselling with a registered family counsellor and considered reconciliation.
• Details of parenting arrangements – if you have children under the age of 18, you will need to demonstrate to the court that proper care and welfare arrangements are in place.
• Affidavit of eFiling – this document is generated automatically when you complete your application through the Commonwealth Courts Portal. You will need to print it, sign it in the presence of a lawyer or Justice of the Peace, and upload it as part of your lodgement.
• Additional affidavit for separation under one roof – only required if you separated while still living at the same address. This affidavit must explain how your living circumstances demonstrated that the marriage had broken down. Click here to get more info on separated under one roof.

Step 4 – Lodge Your Divorce Application on the Commonwealth Courts Portal

All divorce applications in Australia – regardless of which state you live in – are filed through the Commonwealth Courts Portal at comcourts.gov.au.

If you do not already have an account, select Register on the portal homepage. You will create a username and a temporary password, then receive a confirmation email.

Once your account is confirmed, you can begin your application. The online form guides you through each section, and your Affidavit of eFiling is generated automatically as you go.

Once completed, print the affidavit, have it witnessed, and upload it with your application. The filing fee is payable at the point of lodgement.

Joint or sole application – which do you choose?

If your spouse agrees to the divorce and is willing to be a co-applicant, a joint application is usually the simpler path – no service of documents is required and processing tends to be faster.

If your spouse does not agree, cannot be located, or is unwilling to participate, you will file a sole application. Full details on the differences between the two are in the section below.

Registry choice

The registry in which you file is generally where any hearings will be held – so choose one that is convenient for you.

If you and your spouse live far apart, note that hearings can be conducted by phone or video link, or you can apply for the matter to be heard at a registry closer to you.

For NSW, you check on a list of NSW registries here.

Step 5 – Serve the Divorce Papers (Sole Applications Only)

If you have made a sole application, the court will require you to ensure your spouse receives a copy of the divorce papers.

This is known as service.

Service of documents is an important part of court processes. It ensures that the other person – the respondent – has fair notice of the application and an opportunity to respond.

The court will require proof of service – that is, evidence showing the documents were served or that genuine attempts were made to serve them.

This evidence is usually provided in the form of an affidavit, a sworn document that the court treats with the same weight as witness testimony.

You can serve the documents by post or by using a process server.

You then swear an affidavit confirming the details of how and when service occurred. A process server can also swear an affidavit of service on your behalf.

If you cannot locate your spouse, you must make reasonable attempts to find them, including :

• Searching social media and other websites
• Searching the electoral roll
• Asking family and friends

You can swear an affidavit detailing these attempts.

If service remains impossible after those efforts, you can apply to the court to dispense with service.

This means the court accepts that you have done everything reasonably possible.

Alternatively, the court may permit you to serve the documents on someone else – for example, a close relative of your spouse.

The court will require an affidavit of attempted service before making either order.

Australian family law requires that divorce applications be served at least 28 days before the hearing if your spouse lives in Australia, and at least 42 days before the hearing if your spouse lives overseas.

To find out more, see our guide on sole vs joint divorce applications.

Step 6 – Attend the Divorce Hearing (If Required)

Joint applicants with no children under 18 – you do not need to attend.

If you filed a joint application and have no children under 18, you do not need to appear at the hearing. The application will be considered by a Registrar in your absence and you will be notified of the outcome through the Commonwealth Courts Portal.

If you are required to attend, the court will give you a date and time when you lodge your application.

Check the front page of your application documents for the details.

If in-person attendance is not practical, you may be able to appear by phone or video link – contact us if you need to explore alternatives.

If you have children under 18, you will need to demonstrate that proper arrangements have been made for their care and welfare.

The court will require proof of this before it grants the divorce.

If both parties agree and the court has all the documents it needs, the divorce may be granted at the hearing. The formal divorce order is then issued one month and one day later.

If there is an issue at the hearing – for example, one party objects to the application, your spouse was not properly served, care arrangements for children have not been confirmed, or there are problems with the application documents – the court will adjourn the hearing to a later date so the outstanding matter can be resolved.

The court also has the power to refuse or dismiss a divorce application.

If you are concerned your application may be dismissed, contact us as soon as possible to arrange a free first appointment.

Step 7 – Receive Your Divorce Order

The divorce order takes effect one month and one day after the hearing.

From that date, your marriage is legally dissolved and you are free to marry again, provided you meet the legal requirements for marriage in Australia (including presenting your divorce order as evidence that your previous marriage has ended).

To download your divorce certificate, log into the Commonwealth Courts Portal, go to Available Files, select your file, navigate to List of Orders, and download your certificate from there.

Joint vs Sole Application – What’s the Difference?

One or both spouses can make a divorce application in NSW and anywhere in Australia.

If you agree to divorce, you can apply together as joint applicants.

If your spouse does not agree, cannot be located, or is unwilling to participate, you can apply on your own.

This is known as a sole application. You do not need your spouse’s consent.

One of the main differences between the two is the time involved.

Because joint applications are agreed, the court can generally process them more quickly. Sole applications may take longer – particularly if your spouse objects to the divorce, disputes the contents of the application, or cannot be served with the documents.

It is worth noting that federal law applies across all of Australia.

Whether you live in New South Wales, Victoria, Queensland, or elsewhere, the divorce process and the eligibility requirements are the same.

How Long Does a Divorce Take in NSW?

Once you have lodged your application, the process typically takes approximately a month and a day from lodgement to a final divorce order.

This timeframe can vary. Joint applications with no complications tend to move through the process more smoothly.

Applications involving disputes, service difficulties, or documentation issues will generally take longer.

It is also worth noting that the divorce order does not take effect immediately after the hearing.

There is a mandatory waiting period of one month and one day before the order becomes final. This is separate from the overall processing time – factor both into your planning.

How Much Does a Divorce Cost in NSW?

The filing fee for a divorce application is set by the Federal Circuit and Family Court of Australia.

The current standard fee is A$1,125.

The fee is the same whether you file a sole or joint application. For a joint application, you and your spouse can agree to each pay half.

Reduced fee

You may be eligible for a reduced filing fee.

The current reduced fee is A$375.

Eligibility includes holders of the following :

• Pensioner Concession Card
• Health Care Card
• Commonwealth Seniors Health Card
• Legal Aid funding
• Youth Allowance, Austudy, or ABSTUDY
• Under 18 years of age
• Inmate of a prison or public institution

For a joint application, both parties must individually meet the reduced fee criteria for the reduction to apply.

The most straightforward way to demonstrate eligibility is to provide a copy of your concession card.

If you do not hold a concession card, you may still qualify based on income – the court will assess your financial circumstances.

Fees are set by the Federal Circuit and Family Court of Australia and are reviewed periodically.

Confirm the current fee at the FCFCOA fee schedule before filing.

To learn more, see our comprehensive guide on divorce costs in Australia.

What Happens After the Divorce Order?

The divorce order comes into effect one month and one day after the final hearing.

From that point, your marriage is dissolved and you are free to remarry.

A divorce application deals only with the legal end of your marriage.

It does not resolve property division, parenting arrangements, or spousal maintenance.

If you need the court to determine any of these matters, you must make a separate application. Many people assume their divorce covers everything – it does not.

Once your divorce order is final, you have 12 months to apply for property settlement or spousal maintenance.

If you miss this deadline, you will need the court’s permission to proceed – and permission is not guaranteed.

This deadline applies regardless of whether you and your former spouse are still negotiating or believe an agreement is close.

Keep in mind that the court will not grant a divorce until it is satisfied that proper arrangements are in place for any children under 18, if relevant.

Do I Need a Lawyer for a Divorce in NSW?

You do not need a lawyer to file for divorce in NSW.

However, before you decide to represent yourself, there are a few important things to consider.

The Commonwealth Courts Portal and court registry staff can guide you through the process. Registry staff cannot give legal advice.

If issues arise in your application that a lawyer later needs to fix, the cost – in both time and money – can end up being greater than if you had instructed a lawyer from the outset.

Another significant consideration is whether other legal issues arise alongside your divorce.

For example :

• Parenting arrangements
• Spousal maintenance
• Property division
• Dividing family business assets
• Dividing family superannuation
• Working out arrangements for pets
• Updating your will

If any of these issues affect your situation, it is worth seeking legal guidance – even if you plan to handle the divorce application itself.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.