To apply for a divorce in NSW, you must have been separated for at least 12 months and one day, then lodge an online application through the Commonwealth Courts Portal, either on your own or jointly with your spouse. A registrar decides it at an online hearing, and the divorce generally becomes final one month and one day later.
Divorce is handled under federal law, so applying for a divorce in Australia works the same way in every state. This guide explains how to get a divorce in NSW, from the checklist to have ready through to downloading your divorce order, with local help for people in Western Sydney.
Before You Start: Your Divorce Application Checklist
Having these things ready will make your divorce application in NSW much quicker:
- Your separation date. You need to have been separated for at least 12 months and one day. For example, if you separated on 1 March, the earliest you can apply is 2 March the following year.
- Your marriage certificate. If you married in NSW and cannot find yours, you can order a copy from NSW Births, Deaths and Marriages. The names in your application need to match the certificate exactly.
- Proof of residency or citizenship. You or your spouse must be an Australian citizen, regard Australia as home, or have lived here for the past 12 months. Keep your passport, citizenship certificate or visa details handy.
- Details about any children under 18. The court asks about where they live, their schooling and health, time with each parent and financial support.
- Your spouse’s address. You will need it if you are making a sole application and have to serve the papers.
- A way to pay the court fee. More on the current fees below.
Step 1: Choose a Joint or Sole Divorce Application
A joint application means you and your spouse apply together. A sole application means one of you applies alone. The online divorce application form is the same for both, and you choose which one at the very start of the application.
A joint application is simpler because you both sign and there is nothing to serve. With a sole application, only you sign, but your spouse must be formally served. Your spouse does not have to agree for a sole application to go ahead.
Step 2: File Your Divorce Application on the Commonwealth Courts Portal
The divorce process in NSW starts with an online application lodged through the Commonwealth Courts Portal. You can prepare yours yourself or ask a lawyer to do it for you. The form walks you through your details, your marriage and separation, and any children.
If you lived in the same home at any point in the 12 months before you apply, you will need to file an affidavit explaining how your relationship changed. It also helps to have a third person confirm your account. If you have children under 18, you will set out their care arrangements too.
The divorce filing fee is $1,170 from 1 July 2026, according to the court’s fee schedule. A reduced fee of $390 is available if, for example, you hold a health care card or pensioner concession card, or have been granted legal aid. You may also qualify if the full fee would cause you financial hardship. Check the court’s fee guidelines before you apply, and note that for a joint application you must both qualify.
Step 3: Serve Your Spouse (Sole Applications Only)
If you applied on your own, your spouse must receive the sealed application and supporting documents at least 28 days before the hearing, or 42 days if they are overseas.
You cannot hand the papers over yourself. The court accepts these options, as set out on its service page:
- Delivery by hand by someone over 18, such as a friend, a family member or a professional process server.
- Post, but only if you expect your spouse to sign the acknowledgment of service form and send it back.
- Sending the papers to your spouse’s lawyer, but only if the lawyer has agreed in writing to accept them.
Once the papers have been served, you file proof of service through the portal. If you cannot locate your spouse after taking reasonable steps, the court has other options, so it is worth getting advice before you give up.
Step 4: Your Online Hearing
Divorce hearings are held by video link before a registrar, so there is no trip to a court registry, whether that is in Parramatta, Sydney or anywhere else. Your hearing date, time and link appear in your portal once the application is filed.
If your paperwork is complete and the papers were served properly, the registrar can usually decide the application at the first hearing.
You only have to attend if:
- you said in your application that you want to attend,
- your spouse has asked to attend and there are children under 18,
- your spouse has filed a response opposing the divorce, or
- you are asking the court to let you serve your spouse another way because you cannot find them.
If you do join, keep copies of your documents in front of you and call the registrar “Registrar”. Full details are on the court’s hearing page.
Step 5: Get Your Divorce Order
If the registrar grants your divorce, it becomes final one month and one day later, unless the court orders otherwise. You cannot remarry before then.
The day after your divorce is finalised, you can download your divorce order from the portal at no cost. This digital order is your official proof of divorce.
Common Reasons Divorce Applications Are Delayed
Most delays come down to small details. Watch out for these:
- Names in the application that do not match the marriage certificate.
- No affidavit when you lived under the same roof during the 12 months before applying.
- Not enough detail about the children’s living arrangements.
- Papers served late, or proof of service missing.
- Not attending a hearing you were required to attend.
What Your Divorce Does Not Cover
Your divorce order ends the marriage and nothing else. Dividing your property and superannuation and deciding who cares for your children are separate processes.
Once your divorce is final, a 12-month window opens to apply to the court for property orders. After that you need the court’s permission, so it is worth sorting out your property early. If you are working out parenting arrangements too, you can read what happens if those matters end up in court in our guide to Parramatta Family Court.
Where to Get Help With Your Divorce in NSW
You do not have to do this alone. Free options include the Legal Aid NSW divorce factsheets and the Family Relationship Advice Line on 1800 050 321, which the court recommends for free legal advice and information.
If you would like a lawyer to look over your application before you lodge it, our family law team can help. We have offices in Parramatta, Norwest and Penrith, and consultations are available by phone or video. You can also read more about our divorce lawyers in Parramatta, or see our national overview on filing for divorce in Australia.
FAQs
Can I apply for a divorce if we still live in the same house?
Yes. You can be separated while sharing a home, as long as you have been separated for at least 12 months and one day. You will need to file an affidavit explaining how your relationship changed, and it helps to have someone else confirm it.
Who can get the reduced divorce fee?
The reduced fee of $390 is for people who hold certain concession cards, have been granted legal aid, receive youth allowance, Austudy or ABSTUDY, are under 18 or are in detention. You may also qualify if the full fee would cause financial hardship. For a joint application, you both need to qualify.
What if I was married overseas?
You can still apply if you or your spouse meet the residency requirements. If your certificate is in another language, you will need a certified English translation, supported by an affidavit from the translator.
What if I cannot find my marriage certificate?
If you married in NSW, you can order a copy from NSW Births, Deaths and Marriages. If you married in another state or territory, contact the registry there. If you have made reasonable attempts and still cannot get one, you can file an affidavit explaining why, so it is worth getting legal advice.
How do I get proof that I am divorced?
Once your divorce is final, log in to the Commonwealth Courts Portal the following day and download your divorce order for free. It is the only proof of divorce the court provides.
How long does a divorce take in NSW?
There is no fixed timeframe. It depends on when the court lists your hearing and whether your paperwork and service are in order. Once the divorce is granted, it becomes final one month and one day later.
Need Help with Your Divorce Application?
Our family law team can check your paperwork before you lodge it and guide you through each step. Get in touch to talk through your options.
