Deciding to end a marriage is rarely simple. Once you have made that decision, the paperwork can feel like one more hurdle at an already difficult time. The good news is that the divorce process in NSW is more straightforward than many people expect. A divorce application is largely an administrative step and most applications are granted without either party setting foot in a courtroom.
Below we explain who can apply, how to lodge a divorce application in NSW, what it costs and the common mistakes that hold people up. Knowing what lies ahead of separation and divorce can take some of the stress out of the process and help you move forward with clarity.
Note: Because divorce is a federal process, the steps are the same across the country, so for the national picture see our overview of the divorce process in Australia.
Where do you apply for a divorce in NSW?
There is no separate state divorce court in New South Wales. Divorce in Australia is dealt with federally by the Federal Circuit and Family Court of Australia (FCFCOA), under the Family Law Act 1975 (Cth).
Australia has a no-fault divorce system. This means the Court is not interested in who was to blame for the marriage ending. The only ground for divorce is that the marriage has broken down irretrievably, shown by a period of separation, with no reasonable likelihood that you will get back together.
Am I eligible to apply for a divorce in NSW?
Before you can apply, you need to meet a few key requirements:
- Separation: You must have been separated for at least 12 months and one day before you file your application.
- Connection to Australia: At least one spouse must be an Australian citizen, regard Australia as their permanent home or have lived in Australia for at least the 12 months before applying.
- Irretrievable breakdown: There must be no reasonable likelihood that the two of you will resume living together.
If you were married for less than two years, you will generally also need to attend counselling and file a counselling certificate or seek the Court’s permission to apply without one.
What if we separated but kept living under the same roof?
It is possible to be separated while still living in the same home. This is known as “separation under one roof” and it is more common than people think, often for financial or practical reasons.
Because the Court cannot simply assume separation in this situation, you will need to provide extra evidence. This usually means filing affidavits, from you and ideally a third party such as a friend or family member, explaining how your relationship changed even though you remained at the same address. The Legal Aid NSW divorce factsheets set out what these affidavits should cover.
Sole or joint divorce application: what is the difference?
There are two ways to file a divorce application in NSW.
A sole divorce application is filed by one person. If you apply on your own, you will need to formally serve the application on your spouse so they know it has been filed.
A joint divorce application is filed by both spouses together. This is often the smoother option where the separation is amicable because there is no need to serve documents and both parties sign the same application.
Neither option is “better” in every case. The right choice depends on your circumstances and how cooperative the relationship is.
How to apply for a divorce in NSW
Most people are surprised at how manageable the process is once it is broken into steps:
- Create a Commonwealth Courts Portal account. All NSW divorce applications are filed online through the Commonwealth Courts Portal.
- Complete the Application for Divorce. You will provide your marriage details, your date of separation and details of any children under 18, including the arrangements in place for them.
- Upload your supporting documents. This includes a copy of your marriage certificate and any affidavits you need to file.
- Pay the filing fee. Payment is made through the portal when you lodge.
- Serve the application (sole applications only). If you applied on your own, your spouse must be served within the required timeframe before the hearing.
- Attend the hearing if required. Many divorces are granted without anyone needing to appear, particularly joint applications and sole applications where there are no children under 18.
Once granted, your divorce order takes effect one month and one day after the hearing.
How much does a divorce application cost in NSW?
The main cost is the FCFCOA filing fee which is set by federal regulations and increases each year. As at mid-2025 the standard fee was around $1,100, with a reduced fee of about $365 available to people who hold an eligible concession card or can show financial hardship. For a joint application, both parties must qualify for the reduced fee to receive it. Always check the current fees on the FCFCOA website before you file.
A divorce order does not divide your property or family business. It also does not settle parenting arrangements. These are separate matters. Many people seek early counsel to better handle the financial impact of divorce and separation.
Do not forget the property settlement time limit
This is one of the most important and most overlooked points. Once your divorce is final, you have only 12 months to apply to the Court for a property settlement or spousal maintenance. Miss that window and you may need the Court’s permission to proceed, which is not guaranteed.
For this reason, finalising your divorce should not be treated in isolation. It is worth understanding your position on property settlements and spousal maintenance before that clock starts running.
Common mistakes to avoid
A few simple errors cause most of the delays we see with divorce applications:
- Filing before 12 months of separation has actually passed.
- Forgetting to include or certify the marriage certificate.
- Not allowing enough evidence for separation under one roof.
- Serving a sole application late, or incorrectly.
- Treating the divorce as the end of the matter and missing the property settlement time limit.
Most of these are avoidable with the right preparation.
Frequently asked questions
Can I apply for divorce online in NSW?
Yes. All divorce applications in NSW are filed online through the Commonwealth Courts Portal. You do not lodge paper forms at a registry.
How long does a divorce take in NSW?
As a guide, expect around four to six months from filing to the divorce taking effect, assuming there are no complications. The divorce order becomes final one month and one day after the hearing. For what affects the timing and how to avoid delays, see how long does divorce take in Australia.
Do I need a lawyer to apply for a divorce in NSW?
Not necessarily. A simple, uncontested divorce can often be completed without a lawyer. Advice is most valuable where there are children, complex finances, service difficulties or a separation under one roof.
What documents do I need for a divorce application in NSW?
You will generally need your marriage certificate, proof of Australian citizenship or residency, and any affidavits required for separation under one roof or service issues.
Does a divorce divide our property?
No. A divorce order only ends the marriage. Property settlement and spousal maintenance are dealt with separately, and strict time limits apply once the divorce is final.
Allen Evans Family Law can help
A divorce application in NSW is, for most people, a clear administrative process: confirm you have been separated for 12 months and one day, lodge your application through the Commonwealth Courts Portal, pay the fee and, where needed, attend a short hearing. The part that catches people out is not the application itself, but everything around it, particularly the 12-month time limit for property and financial matters once the divorce is final.
This information is for general purposes only and does not constitute legal advice. For advice specific to your situation, including how a divorce fits with your property settlement and parenting arrangements, our experienced family lawyers can help.
If you or someone you know wants more information or needs help or advice, please contact us on 1300 110 080 or via our free enquiry form.