Divorce Process in NSW: Step-by-Step Guide

Snapshot: How divorce works in NSW

Australia has no-fault divorce. The only ground is that the marriage has broken down irretrievably, proved by 12 months’ continuous separation immediately before filing (you can be “separated under one roof” with extra evidence). Most people eFile their application and supporting documents online. A divorce normally becomes final one month and one day after the order is made. (AustLII Classic)

Step 1 — Check you’re eligible

The legal ground (s 48 Family Law Act 1975)

To grant a divorce, the Court must be satisfied the marriage has broken down irretrievably and that the parties have lived separately and apart for a continuous period of at least 12 months immediately before filing. Fault is not relevant. (AustLII Classic)

“Separated under one roof”

If any part of the 12-month period occurred while you still lived together, the Court requires extra information (usually affidavits) explaining how you were, in reality separated (e.g., separate rooms/finances, limited shared activities, notifying family/friends). The Court has a specific “Separated under one roof” fact sheet. Legal Aid NSW also explains what evidence helps. (fcfcoa.gov.au)

Children under 18

Where there are children under 18, the Court must be satisfied there are proper arrangements for their care, welfare and development. You address this in the application and, if required, at a short hearing. (fcfcoa.gov.au)

Step 2 — Gather your documents

Prepare and scan the following for upload:

Marriage certificate. If not in English, file an affidavit of translation with the translated certificate and translator’s credentials. (fcfcoa.gov.au)
Australian connection (if relevant) to jurisdiction (e.g., citizenship, residency, or habitual residence). (fcfcoa.gov.au)
Affidavits for “under one roof”. Usually from you and an adult witness who can corroborate separation. (fcfcoa.gov.au)

Important: A divorce only ends the marriage. Parenting, property settlement, and spousal maintenance are separate issues (resolved by agreement/Consent Orders or through their own applications). The Court’s “How to apply for divorce” guide links to these pathways. (fcfcoa.gov.au)

Step 3 — File your divorce online (eFiling)

You’ll submit your application through the Commonwealth Courts Portal, upload your documents and pay the filing fee. The FCFCOA “How do I apply for divorce?” page provides a step-by-step flowchart and checklists. (comcourts.gov.au)

Joint vs sole applications

Joint application: Both spouses apply/sign. This avoids service on the other party and often avoids a hearing (unless the Court needs to clarify arrangements for children under 18 or other issues). (fcfcoa.gov.au)
Sole application: One spouse files and must serve the other. A short hearing may be required if there are children under 18 or service complications. (fcfcoa.gov.au)

Step 4 — Serve documents (sole applications)

If you file a sole application, you must serve your spouse by strict deadlines:

If your spouse is in Australia: serve at least 28 days before the court date.
If overseas: serve at least 42 days before the court date. (fcfcoa.gov.au)

Service must follow the Court’s rules (e.g., not by the applicant personally, use the approved Acknowledgment of Service and Affidavit of Service forms). If you can’t locate your spouse or service isn’t possible, you can seek substituted service or dispensation. The Court’s service page explains options, and Legal Aid NSW’s factsheet summarises the deadlines. (fcfcoa.gov.au)

Step 5 — Hearing (if required)

Many divorces are decided on the papers. A short hearing may be required if you filed a sole application and there are children under 18, there are issues with service, or the Registrar needs clarification. The Court will notify you through the Portal if attendance is needed and how to appear. (fcfcoa.gov.au)

Step 6 — When the divorce becomes final

If the Court makes a divorce order, it typically becomes final one month and one day after it is made. Do not plan a wedding until the order is final. You can download sealed orders from your Portal account. (fcfcoa.gov.au)

Timeframes, filing fees & costs

Timeframes: From filing to order varies based on listing times, whether service is straightforward, and whether a hearing is needed. The final order usually takes effect +1 month and 1 day after it’s made. (fcfcoa.gov.au)
Filing fee: The divorce application fee is set by federal regulation and changes periodically (often from 1 July). Concessions and reduced fees are available if you meet eligibility criteria (e.g., certain concession cards, Legal Aid, youth allowance). Always check the current Family Law fees and reduced-fee guidelines before filing. (fcfcoa.gov.au)
Other costs: You may incur process server fees (for personal service), JP/affidavit witnessing costs, and legal fees if you instruct a lawyer. The Court confirms that fees are prescribed by regulation and publishes changes when they occur. (fcfcoa.gov.au)

Practical tips for a smoother NSW divorce

Get organised early. Scan your marriage certificate and evidence for any “under one roof” period; line up an independent witness affidavit if needed. (fcfcoa.gov.au)
Consider a joint application if relations are workable—it avoids service and can simplify the process. (fcfcoa.gov.au)
Double-check service rules (sole applications). Use the correct forms and meet the 28/42-day deadlines to prevent adjournments. (fcfcoa.gov.au)
Separate divorce from property/parenting. You don’t need to finalise property or parenting before divorcing, but be careful about time limits after divorce (e.g., 12 months to start property/maintenance proceedings). The Court’s pages explain parallel pathways. (fcfcoa.gov.au)
Watch the calendar. Fees and forms can change around 1 July each year; check the latest fee table and any updates. (fcfcoa.gov.au)

Frequently Asked Questions (NSW)

How long does divorce take in NSW?

Timeframes vary. If your application is complete and service is straightforward, the Court may grant the order at or soon after your listing. The divorce becomes final one month and one day after the order is made. Build in extra time if there are service issues or “under one roof” affidavits. (fcfcoa.gov.au)
What documents do I need to file for divorce?

At minimum, your marriage certificate, identity/jurisdiction evidence (if relevant), and any affidavits needed (e.g., separated under one roof). If your certificate isn’t in English, file an affidavit of translation with the translated copy. The Court’s “How to apply” page lists checklists. (fcfcoa.gov.au)
How much does divorce cost in NSW?

The divorce filing fee is set by federal regulation and updated periodically (often on 1 July). Concessions/reduced fees may apply (e.g., concession cards, Legal Aid). Always confirm the current fee on the Court’s site and review the reduced-fee guidelines before filing. (fcfcoa.gov.au)
Can I apply for divorce online in NSW?

Yes. Most applications are eFiled via the Commonwealth Courts Portal. The FCFCOA’s “How do I apply for divorce?” page includes a flowchart and links to the Portal. (comcourts.gov.au)

Step-by-step checklist (print-friendly)

Confirm eligibility: 12 months’ separation (note any “under one roof” period). (AustLII Classic)
Gather documents: marriage certificate, translations (if needed), jurisdiction evidence. (fcfcoa.gov.au)
Decide joint vs sole application. (fcfcoa.gov.au)
eFile via the Commonwealth Courts Portal; pay the filing fee. (comcourts.gov.au)
If sole, arrange service correctly and on time (28/42-day rules). (fcfcoa.gov.au)
Attend a hearing if the Court requires it (e.g., children under 18, service issues). (fcfcoa.gov.au)
Download your order when available; divorce becomes final +1 month and 1 day after made. (fcfcoa.gov.au)
Consider property/maintenance time limits post-divorce and address parenting/safety arrangements separately if needed. (fcfcoa.gov.au)

Useful NSW resources

FCFCOA – How do I apply for divorce? (step-by-step, checklists, flowchart). (fcfcoa.gov.au)
FCFCOA – Serving a divorce (sole applications only) (rules, forms, deadlines). (fcfcoa.gov.au)
FCFCOA – Divorce overview (finalising, “one month and one day”). (fcfcoa.gov.au)
FCFCOA – Separated under one roof (what to file). (fcfcoa.gov.au)
Legal Aid NSW factsheets – service deadlines; filing online; separation under the same roof. (Legal Aid NSW)
Family Law fees & reduced-fee guidelines (current amounts, concessions). (fcfcoa.gov.au)
Commonwealth Courts Portal (eFiling). (comcourts.gov.au)

If you’d like help preparing the application, solving service problems, or planning property/parenting next steps, a NSW divorce lawyer can map out the process, keep deadlines on track, and smooth out issues early.