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How to Apply for Divorce Without a Lawyer in Australia: Joint and Sole Steps

A step-by-step guide to eligibility, joint vs sole divorce, online filing, service, children, separation under one roof and the WA process.

Topics: divorce, family law, separation

DIRECT ANSWER

You may prepare and file your own divorce application. First confirm Australian jurisdiction, at least 12 months and one day of separation, the marriage certificate and arrangements for children under 18. Choose a joint application if both spouses will sign, or a sole application if one applies and arranges formal service through another adult.

Step 1
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1. Check eligibility

At least one spouse must meet the Australian citizenship, domicile or residence connection. The marriage must have broken down with no reasonable likelihood of reconciliation, and the spouses must have been separated for at least 12 months and one day before filing.

Step 2

2. Choose joint or sole

Joint application: both spouses sign and service is not required. Sole application: only the applicant signs, but the filed documents must be served on the other spouse. The applicant cannot personally perform the service.

In Australia, service is generally required at least 28 days before the hearing; overseas, at least 42 days. A missing spouse or unsafe routine service may require a separate application and legal advice.

Step 3

3. Gather documents and facts

  • Marriage certificate and, where needed, a translation and translator affidavit.
  • Exact names, birth details, addresses and marriage details.
  • Separation date and any period living under one roof.
  • Current housing, care, schooling, health, contact and financial-support arrangements for children under 18.
  • Details of other relevant court proceedings or orders.
Step 4
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4. File in the correct portal

Outside WA, divorce applications are eFiled in the Commonwealth Courts Portal for the Federal Circuit and Family Court of Australia. In WA, file through the eCourts Portal of Western Australia for the Family Court of Western Australia. Pay the Court filing fee or apply for a reduction if eligible.

Step 5

5. Understand what divorce does not do

A divorce ends the marriage. It does not resolve property, debts, maintenance, parenting or child support. It also starts the usual 12-month period for a married person to bring a financial application, so do not file and then ignore unresolved finances.

Frequently asked questions

Clear answers

Can I file my own divorce?

Yes. The Courts provide online filing and official guidance. Use a lawyer where the matter involves jurisdiction problems, missing service, disputed separation, safety or other complexity.

Is a joint divorce faster?

A joint application removes the need to serve the other spouse and commonly simplifies the process, but both spouses must cooperate and sign.

Does divorce divide property?

No. Divorce ends the marriage only. Property, financial and parenting arrangements are separate.

Primary sources

Check the official process

General information only, last checked 18 October 2026. Court forms, fees and procedures change. Use the current official source before filing and obtain legal advice for your circumstances.

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