Divorce Process in NSW from 10 June 2025

Deciding to end a marriage is never easy. If you’re considering divorce in New South Wales (NSW), understanding the legal process can help you feel more in control during this challenging time. This guide outlines the key steps involved in obtaining a divorce to provide you with  clarity and support as you navigate the journey ahead.

1. Understanding Divorce in Australia

Australia operates under a no-fault divorce system, meaning the Federal Circuit and Family Court of Australia  does not consider the reasons for the marriage breakdown. The sole ground for divorce is the irretrievable breakdown of the marriage, demonstrated by a separation period of at least 12 months and 1 day. This separation can occur even if both parties continue living under the same roof, provided they lead separate lives during that time. For more information about the divorce process visit this page.

2. Meeting the Eligibility Criteria

To apply for a divorce in Australia, you or your spouse must meet at least one of the following:

• Be an Australian citizen by birth, descent, or grant of citizenship.
  
• Ordinarily reside in Australia and have done so for the 12 months immediately before filing for divorce.
  
• Regard Australia as your home and intend to live here indefinitely.
  

3. Preparing Necessary Documents

Before filing, gather the following documents:

• Marriage Certificate: If it’s not in English, you’ll need a certified translation.
  
• Proof of Citizenship or Residency if you were not born in Australia: Such as your Australian Citizenship Certificate.
  
• Affidavit: Required only in certain situations, including if you havelived under the same roof during separation.
• Affidavit for eFiling: If you are lodging a sole application just the applicant must sign the affidavit before a lawyer or a Justice of the Peace (JP). If you are lodging a joint application, both parties must sign the affidavit before a lawyer or a JP.
  

4. Filing the Application

Applications for divorce  are e-filed through the Commonwealth Courts Portal. To electronically file your Application on the Commonwealth Courts Portal you must first register as a user on the Portal.

You can apply individually (sole application) or together with your spouse (joint application). A filing fee applies, but you may be eligible for a reduced fee based on financial hardship or if you hold certain concession cards.

5. Serving the Application

If you file a sole application, you must serve a sealed copy of the Application and other associated documents, including the Marriage, Families and Separation brochure  to your spouse:

• In Australia: At least 28 days before the hearing.
• Overseas: At least 42 days before the hearing.

Service can be done personally, by a family member, friend or professional process server .  Alternatively, you can serve your spouse’s lawyer, if they are willing to accept service, or you can serve your spouse via post if you are confident that they will sign and return an Acknowledgement of Service (Divorce) form. 

If you are unable to locate or serve your spouse with the Application for Divorce, you may apply for substituted service or dispensation of service if you have taken all reasonable steps to effect service on your spouse.

Read more about substituted service or dispensation of service here.For further information on what documents need to be served and other steps for service visit this page. 

6. Attending the Hearing

Attendance at the divorce hearing depends on your circumstances:

• Joint Application: No attendance is necessary, unless you nominate to do so.
  
• Sole Application: No attendance is necessary, unless your spouse files a Response to Divorce objecting to your Application.
  

During the hearing, the court will ensure that all legal requirements are met and that proper arrangements are in place for any children involved.

7. Finalising the Divorce

If the court is satisfied, it will grant a divorce order, which becomes final one month and one day after the hearing. This finalisation marks the legal end of the marriage. It’s important to note that property and financial settlements are separate processes and should be addressed within 12 months of the divorce becoming final.

Support When You Need It

If you need help to complete the application or are unsure about whether you are eligible to file for divorce, De Saxe O’Neill Family Lawyers can help.

At De Saxe O’Neill Family Lawyers, we understand that divorce is more than just a legal process. Our compassionate team is here to guide you through each step, ensuring you feel informed and supported.

If you’re considering divorce or have questions about the Divorce Process in NSW, contact our team for guidance today.

Commencing 10 June 2025, changes will be occurring to the divorce process in accordance with the Family Law Amendment Act 2024.