How to Get Divorced Without Going to Court in Australia – 2025

Can You Really Get Divorced Online? Yes – But Here’s What You Must Know 

Divorce can feel overwhelming — emotionally, financially, and legally. Many Australians ask: “Can I get a divorce without going to court?” The good news is: yes, in most cases, you can. And in 2025, the process is even easier than before. At Lawfinity Consultants, we help you navigate the process clearly, affordably, and with as little stress as possible.

Important April–June 2025 Law Update:

Under reforms effective 10 June 2025, the Family Law Act no longer requires sole divorce applicants with children under 18 to attend a court hearing. Also, the counselling certificate requirement for short marriages has been removed. These changes make it easier and faster to apply for divorce — even in more complex situations.

Who Can Apply for Divorce in Australia?

You can apply for divorce if:
– You’ve been separated for at least 12 months (even under the same roof).

– You’re legally married (in Australia or overseas).

– Either you or your spouse is an Australian citizen, permanent resident, or has lived
in Australia for at least 12 months.

Yes, you can apply even if your partner disagrees.

Do You Have to Go to Court? In Most Cases: No, You Don’t

Most people now complete their divorce application online through the
Commonwealth Courts Portal and never have to go to court.

You can avoid court entirely if:

– You make a joint application, or

– You make a sole application and provide all correct paperwork
Even if you have children under 18, the 2025 update means the court no longer
requires a hearing unless there are concerns or issues.

How to Apply for Divorce Online — Step by Step

Create an account on the Commonwealth Courts Portal.

Complete the Divorce Application Form online.

Upload your marriage certificate (translated if not in English).

Pay the application fee (currently $1060 – concessions available).

If you file a sole application, serve the documents on your spouse.

Wait for court processing and receive your Divorce Order electronically.

What If We Have Children?

You’ll need to tell the court:

– Where the children live
– How they’re financially supported
– School and health arrangements

Even though this information must be provided, you usually won’t need to attend
court — unless the court needs further clarification or there are concerns about the
children’s welfare.

Important Time Limits

After your divorce is final (usually 1 month + 1 day after approval), you have:

– 12 months to resolve any property or financial matters.

After that, you’ll need special permission from the court to make a claim. We
recommend you get legal advice before or during the divorce to protect your
entitlements.

Need Help Lodging a Divorce Application?

At Lawfinity Consultants, we offer:

– Expert guidance for online divorce applications
– Help with serving your spouse
– Advice for separation under one roof
– Support with parenting plans and property settlements

We also provide affordable fixed-fee divorce packages and a free 15-minuteconsultation to get you started.

Quick Reference Table

Situation Court                                   Attendance Required?

Joint application, no children           ❌ No

Joint application, with children       ❌ No (as of June 2025)

Sole application, no children           ❌ No

Sole application, with children        ❌ No (unless court requests it)