How do I get a divorce
in NSW?

You never thought you'd be googling this. Nobody does. But here you are, trying to work out what actually happens next — what the process looks like, what it costs, what you have to do, and whether any of it is going to be used against you. This guide answers those questions plainly.

One thing worth saying upfront: divorce in Australia is simpler than most people expect. The harder questions — who the kids live with, how the property gets divided — are separate entirely. We'll get to that.

Divorce in Australia Is Federal Law — Not State Law

This matters because a lot of fathers search "how to get a divorce in NSW" expecting a NSW-specific answer. There isn't one. Divorce is governed by the Family Law Act 1975 (Cth) — federal legislation that applies the same way across every state and territory. The process in NSW is identical to Victoria, Queensland, or anywhere else.

The court that handles divorce is the Federal Circuit and Family Court of Australia (FCFCOA). You're applying to a federal court, not a NSW court.

The Only Ground for Divorce: Irretrievable Breakdown

Australia has no-fault divorce. That means you don't need to prove anyone did anything wrong. No infidelity. No abuse. No neglect. The Family Law Act recognises exactly one ground for divorce: that the marriage has irretrievably broken down.

The court determines this in one way only — by confirming you have been separated for at least 12 months. That's it.

The 12-Month Separation Rule — What It Actually Means

Separation in family law doesn't require one of you to have moved out. You can be separated under one roof — living in the same house, sleeping in separate rooms, leading separate lives. This is common, particularly where finances or children make moving out impractical.

If you separated under one roof, you'll need to demonstrate the separation was real. This typically means showing:

• You stopped sharing a bedroom
• You no longer cooked, cleaned, or did laundry for each other
• You told family or friends you had separated
• You stopped attending social events together as a couple
• You began handling finances separately

An affidavit from you — and ideally from someone who knew you during that period — is usually sufficient to establish this.

What if we reconciled briefly?

If you separated, got back together, and then separated again, the clock may restart — depending on the length of the reconciliation. A reconciliation of less than three months does not necessarily break the 12-month period. Longer than that, and the count likely starts again from the second separation.

The Two-Year Marriage Rule

You must have been married for at least two years before you can apply for divorce. If your marriage was shorter, you'll need a certificate from a family counsellor confirming you attended counselling about reconciliation — or demonstrate that counselling is impractical. In practice, this applies to very few cases.

How to Apply: Step by Step

Step 1: Confirm your eligibility

Before you file, confirm: you've been separated for at least 12 months; your marriage was at least two years old when you separated (or you have the counselling certificate); and either you, your spouse, or both of you are Australian citizens, live in Australia, or regard Australia as your permanent home.

Step 2: Gather your marriage certificate

You'll need your original marriage certificate or a certified copy. If you were married overseas, you'll need a certified translation if it's not in English. If you can't find it, you can obtain a replacement from the registry where you married.

Step 3: File online through the Commonwealth Courts Portal

Divorce applications are filed online at the Commonwealth Courts Portal (comcourts.gov.au). You can apply as a sole applicant (just you) or as joint applicants (both of you). Most applications are sole applications — your spouse doesn't need to agree to the divorce.

The filing fee is currently $940. If you're experiencing financial hardship — receiving Centrelink, on a low income — you can apply for a reduced fee of around $310.

Step 4: Serve the divorce application on your spouse

If you're the sole applicant, you must serve a copy of the sealed divorce application on your spouse. This must be done by someone else (not you) — a process server or a friend over 18 — in person, or by post if the court permits. Your spouse must be served at least 28 days before the hearing (42 days if they're overseas).

Step 5: Attend the hearing (if required)

If there are children under 18, at least one of you must attend the hearing in person or via video. If there are no children under 18, attendance is generally not required — the application is processed on the papers. Divorce hearings are brief. If everything is in order, it's typically five minutes or less.

Step 6: The divorce order becomes final

The divorce order is made at the hearing but does not take effect for another one month and one day. After that date, you are legally divorced.

What If She Doesn't Want a Divorce?

She doesn't have a veto. Divorce in Australia is a right, not a negotiation. If you have met the 12-month separation requirement and filed correctly, the court will grant the divorce regardless of whether your spouse agrees or opposes it.

Your spouse can file a response to the divorce application, but this is rare and doesn't prevent the divorce from being granted if the legal requirements are met.

What About the Children?

If you have children under 18, the court will look at whether proper arrangements have been made for them before granting the divorce. This does not mean finalised parenting orders — it means the court needs to be satisfied the children are being cared for. In practice, this is a low bar.

What it does not mean: the divorce application is not the place to argue about parenting time, living arrangements, or child support. Those are entirely separate proceedings. Getting divorced does not determine any of that.

What Divorce Doesn't Settle — And Why This Matters

This is the most important thing to understand, and it's where fathers often get caught out.

Divorce ends the marriage. It does not resolve:

• Who the children live with and how much time they spend with each parent
• Child support payments
• Division of property, assets, superannuation, or debt

These matters are dealt with separately — through negotiation, mediation, consent orders, or court proceedings. You can (and often should) be working through these issues while the divorce application is being processed.

The 12-month property settlement deadline

Here is a deadline that catches people out: once your divorce order becomes final, you have exactly 12 months to apply to the court for property settlement orders. After that, you need the court's permission to apply — which is not guaranteed and can be difficult to obtain.

Do not let the divorce become final and then set property matters aside. The clock is running from the moment the order takes effect.

How Much Does a Divorce Cost?

The court filing fee is $940 (or $310 if you qualify for the reduced fee). Beyond that, costs depend on whether you engage a lawyer to assist with the application.

A straightforward uncontested divorce with no complications can be relatively affordable. If your circumstances are more complex — disputes about service, overseas elements, a short marriage — legal assistance becomes more valuable. We work on fixed fees. You'll know what it costs before you commit to anything.

Common Mistakes Fathers Make

• Confusing divorce with parenting orders. The divorce application has almost nothing to do with your kids' living arrangements. Don't delay sorting out parenting matters because you're waiting for the divorce to finalise.
• Not serving correctly. Service requirements are technical. If service isn't done properly, the hearing will be adjourned and you'll start the process again.
• Missing the property settlement deadline. Twelve months from when the divorce order becomes final. It comes around faster than people expect.
• Agreeing to things verbally during the process. Nothing said between you and your ex is binding unless it's in writing and properly documented. Verbal agreements about property, money, or the kids are not enforceable.
• Waiting too long to sort out the kids. Parenting arrangements established informally during separation can become the baseline the court uses if the matter eventually goes to court. Get proper parenting orders in place early.

This guide is general information only and does not constitute legal advice. For advice about your specific situation, speak with a qualified family lawyer.