When there is a question about the legal validity of the marriage (Marriage Act 1961), a marriage may be declared invalid (declaration of nullity) by a court.

Under the Family Law Act 1975, the Federal Circuit and Family Court of Australia and the Family Court of Western Australia have the power to declare a marriage invalid.

What is a declaration of nullity?

Also known as an annulment, a declaration of nullity is a finding that there was no legal marriage between the parties, even though a marriage ceremony may have taken place. The Court may declare a marriage invalid on the following grounds:

• one or both of the parties were already married at the time
• one or both of the parties were under-age and did not have the necessary approvals, or
• one or both of the parties were forced into the marriage under duress.

The Court will NOT declare a marriage invalid on the following grounds:

• non-consummation of the marriage
• never having lived together
• family violence, or
• other incompatibility situations.

See Marriage Act 1961 or the Family Law Rules 2021 for more information about applying for a decree of nullity.

How do I apply for nullity?

To apply for nullity, you must file (and serve) an Initiating application. You will also need to prepare an Affidavit – Family law and child support stating:

• the facts relied on to have the marriage annulled, and
• details of the type of marriage ceremony performed.

For more information, see the fact sheet Applying for a decree of nullity.

You will also need to pay the filing fee. The current fees are available on the fees page.

In some cases, for example, if you hold certain government concession cards or you are experiencing financial hardship, you may be eligible for a reduced fee. See the Guidelines for reduced fee – divorce and decree of nullity application.

The Court does not set the fees payable. Court fees are set by Federal Government Regulations.

This application cannot be eFiled on the Commonwealth Courts Portal. You can file by post or email to the closest court location to you.

Once you file your application, you are required to serve your application and any supporting documents on the other party (known as the respondent). The application must be served as soon as practicable by special service. For information about serving the application see How do I serve family law documents? and the Service kit.

I’ve been served with an application for nullity, what should I do?

If you have been served with an Initiating application seeking a declaration of nullity, you can file (and serve) a Response to initiating application (Family law). You must also file an affidavit setting out any facts you (the respondent) rely upon in opposing the application for nullity.

For more information about filing a response, see the Response to initiating application kit (Family law).

Practice directions

Practice directions are procedural guidelines issued by the Court. They complement legislation, rules and regulations. They provide specific direction about the practice and procedure that must be followed in certain types of proceedings.

Practice directions are issued by the Chief Justice/Chief Judge upon advice of judges of the Court, pursuant to the Court’s inherent power to control its own processes, as well as the power under the Federal Circuit and Family Court of Australia Act 2021 for the Court to give directions about the practice and procedure to be followed in a proceeding.

In general, practice directions are issued to:

• complement particular legislative provisions or rules of court
• set out more detailed procedures for particular types of proceedings, and
• notify parties and their lawyers of matters which require their attention.

Below are links to the practice directions that apply to this area of law:

• Family Law Practice Direction – Nullity and validity of marriage (FAM-NULLITY)

How do I know when I am divorced?

Once your divorce is granted, it will become final one month and one day later, unless a special order is made by the Court to shorten that time.

Your divorce order will be available for you to download from the Commonwealth Courts Portal (the Portal) the next working day after the order has become final.

To access your divorce order:

1. Go to www.comcourts.gov.au to log in.
2. Go to the Available Files tab then select the All tab and choose your file.
3. Under the Additional options for this file heading select List of orders.
4. Select View Orders in the right hand column in the row next to the Hearing divorce event type to open the digital order.
5. Print. It is recommended that you print the divorce order double sided and in colour.

The divorce order has an electronic seal and signature and is an original order. This divorce order is the only official and original record issued by the Court. A hard copy of the divorce order will not be posted to you. Make sure you are registered with the Portal so you can download a copy when it becomes available.

How do I get proof of my past divorce?

The proof of divorce process allows you to request a search of the records of the Federal Circuit and Family Court of Australia, and its predecessors the Family Court of Australia and the Federal Circuit Court of Australia (which was known as the Federal Magistrates Court until March 2013).

Where the Court has a record of a divorce order, you will be provided with an official document that serves as proof that a divorce was granted and finalised.

The process for getting proof of your divorce differs depending when and where the divorce was granted. See How do I prove I am divorced? for a step-by-step guide.

I got divorced overseas – is it recognised in Australia?

You can apply for a divorce overseas. Australia will recognise a divorce if it was effected in accordance with the laws of that country – refer to section 104(7)  of the Family Law Act 1975.

Once you file your Application for divorce with the Court, the hearing details will be available on:

• Commonwealth Courts Portal (see ‘Court Events and Orders’ section); and
• The court list from 4pm (AEDT) the day prior to the hearing

The details will include the date and time of your divorce hearing, the name of the registrar who will hear and determine your application, and the details for attending the electronic hearing.

Divorce hearings are conducted electronically (unless otherwise advised) before a deputy registrar or judicial registrar of the Court. This means you will not need to attend the Court registry in person, or have a lawyer appear on your behalf. You will need access to a telephone to be able to attend the hearing electronically. You will not need to download any application to attend the divorce hearing electronically.

For more information about attending electronic hearings see Attending court.

Do I have to attend the divorce hearing?

Court attendance (electronically) is only required if:

• you have filed a sole application and there is a child of the marriage* aged under 18 years at the time of filing
• you have indicated that you wish to attend in the application
• either party has objected to the divorce being heard in the absence of the parties, or
• the respondent files a Response to divorce opposing the application.

Unless otherwise advised by the Court, you are also required to attend the hearing if you are applying for an order for substituted service or a dispensation of service (by filing an Application in a Proceeding), in circumstances where you cannot find the respondent to serve the court documents – see information about Service at How do I serve a divorce?.

It is advisable to attend your hearing if you are required to provide additional affidavit material to explain particular circumstances of your relationship which may impact the outcome of your application, such as:

• If there has been a period of separation under the same roof
• If you have been married for less than two years, or
• If there has been a change in circumstances since you filed your application.

You should also keep a copy of all court documents, including your application and service document, and have them with you during your hearing so that you can answer any questions the Registrar may have when considering your application.

If your spouse (the respondent) has completed and filed a Response to divorce, but does not oppose the application, they do not need to attend the hearing. If they have opposed the application in the Response to divorce, they must attend the divorce hearing to explain why they wish to oppose the divorce order being made.

* A child of the marriage includes:

• any child of you and your spouse, including children born before the marriage or after separation
• any child adopted by you and your spouse, or
• any child who was treated as a member of your family prior to your final separation, for example, a step-child or foster child.

What if I want to attend the hearing?

Divorce hearings are conducted electronically. If you wish to attend the hearing, even when you are not required to, you can indicate this in your application. The details for electronic attendance will be available on the Commonwealth Courts Portal following filing (see Court Events and Orders section), and on the court list from 4pm (AEDT) the day before the hearing.

What if I can't attend the hearing?

If you are required to attend the hearing and you or your legal representative is unable to attend the hearing, you will need to write to the Registrar by email to NationalDivorce@fcfcoa.gov.au seeking an adjournment of the hearing, and explaining the reasons why you are unable to attend. Please note that the Court processes a number of divorce applications daily so it may not be possible to reschedule your hearing date, unless in exceptional circumstances.

Attending the Court

Divorce hearings are conducted electronically. Even though you do not need to physically attend the court, all the usual courtroom procedures apply.

See Attending court for more information about attending your court hearing, including etiquette and tips and information about electronic hearings.

If I don’t attend the hearing how will I know if my divorce is granted?

Even if your attendance is not required, your divorce will only be granted if all of the requirements for a divorce are met. For a sole application, one of the key requirements is proof that the application has been properly served on the respondent in accordance with the Rules of Court.

If your divorce is not granted, you will be contacted by the Court explaining the reason your divorce was not granted, and what further steps are required by you to ensure the divorce will be granted by the Registrar on the next date.

If the divorce is granted, it will be finalised one month and one day later, unless a special order is made by the Court to shorten that time. You will be able to access your divorce order (proof of your divorce) online via the Commonwealth Courts Portal, the day after it is finalised.

Practice directions

Practice directions are procedural guidelines issued by the Court. They complement legislation, rules and regulations. They provide specific direction about the practice and procedure that must be followed in certain types of proceedings.

Practice directions are issued by the Chief Justice/Chief Judge upon advice of judges of the Court, pursuant to the Court’s inherent power to control its own processes, as well as the power under the Federal Circuit and Family Court of Australia Act 2021 for the Court to give directions about the practice and procedure to be followed in a proceeding.

In general, practice directions are issued to:

• complement particular legislative provisions or rules of court
• set out more detailed procedures for particular types of proceedings, and
• notify parties and their lawyers of matters which require their attention.

Below are links to the practice directions that apply to this area of law:

• Family Law Practice Direction – Divorce proceedings (FAM-DIVORCE)

If you have received a copy of an Application for divorce, this means your spouse has applied for a divorce and you have been served. In a sole application, your spouse (who filed the application with the Court) is known as the applicant and you (as the other party) are known as the respondent.

You should read the application as soon as possible and acknowledge you have been served.

What documents should I receive?

To be properly served, you should receive the following documents from your spouse:

• a copy of the Application for divorce
• a copy of the Marriage, Families and Separation brochure
• a blank Acknowledgment of service form, to be signed by you. See How do I acknowledge I have been served? below
• a copy of the Affidavit for eFiling signed by your spouse, and
• any other documents filed by your spouse at the time of the Application for divorce including the Marriage Certificate, any Affidavit – Family law and child support in support. These additional documents will vary.

How do I acknowledge I have been served?

When you were served with the Application for divorce, you should have also been provided with a form called an Acknowledgment of service (Divorce). You should sign the Acknowledgment of service (Divorce) and return it to your spouse. If you were served:

• by hand (in person, by someone other than your spouse, handing you the documents), you should have already signed the Acknowledgment of service (Divorce) and returned it to the person who served you.
• by post, you should have been provided with a pre-paid envelope. Place the signed Acknowledgment of service (Divorce) into that envelope, and post it like any other letter. You should do this as soon as possible. If you do not receive a pre-paid envelope when you are served, you are still required to sign the Acknowledgment of service and post it to your spouse.
• via your lawyer, your lawyer should sign the Acknowledgment of service (Divorce) on your behalf, and provide it to your spouse.

The applicant will then file the signed Acknowledgment of service with the Court to show that you have been served.

What else do I need to do?

If you agree with the facts in the application and want the divorce granted, you are not required to do anything further. You are also not required to attend the hearing. See Divorce hearing for details.

If you believe there is an error in the Application for divorce filed by your spouse or you do not want the divorce to be granted, you will need to file a Response to divorce as outlined below.

If the divorce is granted, it will be finalised one month and one day later, unless a special order is made by the Court to shorten that time. You will then be able to access your divorce order online from the Commonwealth Courts Portal. For details see How do I prove I am divorced?.

What if the application has errors of fact?

If you want the divorce granted but disagree with the facts in the Application for divorce, you may file (and serve) a Response to divorce. You need to state which facts you disagree with in the Response to divorce.

The errors might, for example, be that dates of birth are incorrect or the details regarding the children have changed. If you file a Response to divorce, you must attend the divorce hearing.

Can I oppose a divorce application?

If you do not want the divorce granted, you must complete, file and serve a Response to divorce and attend the divorce hearing (see Divorce hearing).

If you have been separated for more than 12 months, you can only oppose the divorce if:

• there has not been 12 months separation as alleged in the application, or
• you allege that the Court does not have jurisdiction to grant the divorce.

Note: jurisdiction means that you do not believe the Court has the legal power or authority to make a decision, such as a divorce order. See Can I apply for a divorce? for details.

You need to clearly set out the reasons why you do not want the divorce to be granted in the Response to divorce.

When do I file the Response to divorce?

If you want to file a Response to divorce, you need to file it:

• if served in Australia – within 28 days of the application being served on you, or
• if served outside of Australia – within 42 days of the application being served on you.

For information about filing the Response see How do I eFile?

You must also serve the Response to divorce on your spouse. See How do I serve family law documents? for a step-by-step guide.

If you file a response because you disagree with some of the facts in the application, you do not need to attend the court hearing. However, if you file a response opposing the divorce application you should attend the hearing. If you do not attend, the Court may make a decision about the divorce in your absence. You will only need access to a telephone to attend the divorce hearing electronically. See Divorce hearing.

Practice directions

Practice directions are procedural guidelines issued by the Court. They complement legislation, rules and regulations. They provide specific direction about the practice and procedure that must be followed in certain types of proceedings.

Practice directions are issued by the Chief Justice/Chief Judge upon advice of judges of the Court, pursuant to the Court’s inherent power to control its own processes, as well as the power under the Federal Circuit and Family Court of Australia Act 2021 for the Court to give directions about the practice and procedure to be followed in a proceeding.

In general, practice directions are issued to:

• complement particular legislative provisions or rules of court
• set out more detailed procedures for particular types of proceedings, and
• notify parties and their lawyers of matters which require their attention.

Below are links to the practice directions that apply to this area of law:

• Family Law Practice Direction – Divorce proceedings (FAM-DIVORCE)

There are a few things you need to consider before applying for a divorce:

Are you filing a sole or a joint application?

You can apply for a divorce by yourself (sole application) or together with the other party to the marriage (joint application). If you make a sole application, you are known as the applicant. The other party is known as the respondent. For a joint application, both parties are known as joint applicants.

If you file a sole application, you must serve the application on the other party. For more information and a step-by-step guide see How do I serve a divorce?.

Have you been married less than two years?

If you have been married less than two years, you will need to file a counselling certificate.

The two year period is calculated from the date of marriage to the date of applying to the Court for a divorce. You and your spouse must also have been separated for at least 12 months before applying for a divorce.

To obtain a certificate, you will need to attend counselling. To arrange counselling, contact the Family Relationships Advice Line (FRAL) on 1800 050 321.

If you are unable to attend counselling with your spouse, or there are special circumstances as to why you have not attended counselling, you will need to file an Affidavit – Family law and child support as outlined in the fact sheet Have you been married less than two years.

Did you get married overseas?

If you were married overseas, you can apply for a divorce in Australia if either you or your spouse:

• regard Australia as your home and intend to live indefinitely in Australia
• are an Australia citizen by birth or descent
• are an Australia citizen by grant of an Australia citizenship, or
• ordinarily live in Australia and have done so for 12 months immediately before filing for divorce.

If you are an Australian citizen or permanent resident, you are required to file a copy of your Australian passport, Australian citizenship certificate or other proof of your permanent residency.

If you are not an Australian citizen or permanent resident but have been living in Australia for at least 12 months before applying to the Court for a divorce, you will need to provide evidence that you have been resident in Australia for the past 12 months. You can provide this evidence by uploading a copy of your Visa Entitlement Verification Online check.

Do you have a copy of your marriage certificate?

When you file your Application for Divorce, you must provide the Court with a copy of your marriage certificate. If your marriage certificate is not in English, you need to file an English translation of it, and an affidavit from the translator. See the affidavit translation of marriage certificate form.

If your marriage was conducted overseas and you do not have a copy of your marriage certificate, you should try to locate or obtain a copy from the relevant authority where the marriage took place. If you are unable to obtain a copy of your marriage certificate, you must file an Affidavit – Family law and child support with the Court explaining:

• why you are unable to provide a copy of the marriage certificate,
• details about the marriage ceremony, including time, place and form;
• where appropriate, the requirements of a valid marriage in the place where the marriage ceremony took place; and
• that the parties recognised one another, and were recognised by others, as spouses following the marriage ceremony.

If your marriage was conducted in Australia, you must apply to the relevant State or Territory Registry of Births, Deaths and Marriages to obtain a copy of the marriage certificate and file it with the Court.

Are you separated but still living at the same residence?

It is possible for you and your spouse to be separated but remain living in the same home during the 12 months before applying for divorce. This is known as ‘separation under the one roof’. If this applies to your situation, you need to prove to the Court that you were separated during this time, even though you were living in the same home.

More information can be found in the publication Separated but living under the one roof.

What will a divorce cost?

There is a filing fee for divorce applications. Current fees are available on the fees page.

In some cases, for example, if you hold certain government concession cards or you are experiencing financial hardship, you may be eligible for a reduced fee. To be eligible for a reduced fee for a joint application, both you and your spouse must qualify for the same reduction. If only one spouse qualifies for the reduction, then the full fee applies.

More information about fee reductions can be found on the guidelines for exemption of court fees page.

The Court does not set the fees payable. Court fees are set by Federal Government Regulations.

Seeking legal advice

You can obtain legal advice to understand your rights and responsibilities before applying for a divorce. A lawyer can help explain how the law applies to your case.

The Family Relationships Advice Line (FRAL) can help you with free legal advice and information about services available to assist anyone with family relationships issues, including information relating to family law proceedings. Call 1800 050 321 or if you are overseas +61 7 3423 6878.

Court staff can assist with court processes but cannot provide you with legal advice.

How to apply

To apply for a divorce, you must complete the online Application for Divorce and pay the filing fee using the Commonwealth Courts Portal.

If you are unable to eFile contact the Court so we can provide you with the appropriate forms and advice about how to file in your situation.

For a step-by-step guide and to start your application, see How do I apply for divorce?.

You may also be required to file additional documents with your application. If this is the case, see How do I eFile further documents to support my application for divorce?.

If you are making a sole application, you must serve the application on the respondent. See How do I serve a divorce? for more information including what you must do if you are you having trouble serving your divorce application.

Practice directions

Practice directions are procedural guidelines issued by the Court. They complement legislation, rules and regulations. They provide specific direction about the practice and procedure that must be followed in certain types of proceedings.

Practice directions are issued by the Chief Justice/Chief Judge upon advice of judges of the Court, pursuant to the Court’s inherent power to control its own processes, as well as the power under the Federal Circuit and Family Court of Australia Act 2021 for the Court to give directions about the practice and procedure to be followed in a proceeding.

In general, practice directions are issued to:

• complement particular legislative provisions or rules of court
• set out more detailed procedures for particular types of proceedings, and
• notify parties and their lawyers of matters which require their attention.

Below are links to the practice directions that apply to this area of law:

• Family Law Practice Direction – Divorce proceedings (FAM-DIVORCE)

Divorce is the legal end of a marriage (dissolution of marriage). Australia has ‘no fault’ divorce. This means that when granting a divorce, the Court does not consider the reason/s the marriage ended. Neither spouse needs to prove that the other did (or did not) do something which caused the breakdown of the marriage. The only ground for divorce is that the marriage broke down and there is no reasonable chance that the parties will get back together.

The Federal Circuit and Family Court of Australia (the Court) has the jurisdiction or power to deal with divorce under Part VI of the Family Law Act 1975.

The granting of a divorce does not determine issues of financial support, property division or arrangements for children. It is simply a formal recognition that the marriage has ended.

Can I apply for a divorce?

You can apply for a divorce in Australia if either you or your spouse:

• regard Australia as your home and intend to live in Australia indefinitely, or
• are an Australian citizen by birth, descent or by grant of Australian citizenship, or
• ordinarily live in Australia and have done so for 12 months immediately before filing for divorce.

You need to satisfy the Court that you and your spouse have lived separately and apart for at least 12 months, and there is no reasonable likelihood of resuming married life. It is possible to live together in the same home and still be separated. This is known as being separated but living under one roof.

Same-sex married couples are treated the same as other married couples and can apply for divorce if the marriage is recognised in Australia and you meet the requirements for divorce under the Family Law Act 1975.

If you were married overseas and your foreign marriage is recognised in Australia (in accordance with Part VA of the Marriage Act 1961), you must provide the Court with a copy of your marriage certificate. If your marriage certificate is not in English, you need to upload an English translation of the marriage certificate, together with an affidavit translation of marriage certificate from a certified translator.

If there are children aged under 18, a court can only grant a divorce if it is satisfied that proper arrangements have been made for them. You will be asked to provide information about any children of the marriage, or who were treated as members of the family in your application. Be sure to provide sufficient detail about the how the child/ren spend time and communicate with each parent, their education, health and financial support.

What about my children and/or finances and property?

The granting of a divorce does not decide issues about finances, property and maintenance or parenting arrangements for your children.

To make arrangements about these issues you can:

• participate in dispute resolution to resolve or narrow the issues in dispute
• make an agreement with your spouse and file it with the Court, known as consent orders, or make a parenting plan or financial agreement, or
• seek orders from a court, where you and your spouse cannot reach an agreement (time limits may apply).

The granting of a divorce does start limitation periods (time limits) for applying to the Court in relation to most financial matters. Most financial/property proceedings arising from the breakdown of a marriage must be started within 12 months of the divorce order taking effect, unless otherwise agreed with the other party.

If you need help to make arrangements for your children or finances, contact the Family Relationship Advice Line (FRAL). FRAL is a national telephone service that helps families affected by relationship or separation issues, including information on parenting arrangements after separation. It can also refer callers to local services that provide assistance.

Family Relationships Advice Line

• 1800 050 321
• www.familyrelationships.gov.au
• Call +61 7 3423 6878 if you are overseas

More information can be found under Children and Finances and Property.

When can I remarry?

You should not make plans to remarry until your divorce order is finalised (in most cases, one month and one day after the divorce hearing). The divorce process takes time and you should not assume the divorce will be granted at the first court hearing. If your application is deficient or the Registrar has questions about a particular part of your application, you may be asked to provide more information.

If you intend to remarry, you must give your marriage celebrant a Notice of intended marriage at least one month before the wedding date, and comply with other requirements of the Marriage Act 1961. You may complete and lodge the Notice of intended marriage with your authorised celebrant before the divorce order is finalised, but the celebrant must sight a copy of the divorce order before the wedding can take place.
 

Practice directions

Practice directions are procedural guidelines issued by the Court. They complement legislation, rules and regulations. They provide specific direction about the practice and procedure that must be followed in certain types of proceedings.

Practice directions are issued by the Chief Justice/Chief Judge upon advice of judges of the Court, pursuant to the Court’s inherent power to control its own processes, as well as the power under the Federal Circuit and Family Court of Australia Act 2021 for the Court to give directions about the practice and procedure to be followed in a proceeding.

In general, practice directions are issued to:

• complement particular legislative provisions or rules of court
• set out more detailed procedures for particular types of proceedings, and
• notify parties and their lawyers of matters which require their attention.

Below are links to the practice directions that apply to this area of law:

• Family Law Practice Direction – Divorce proceedings (FAM-DIVORCE)

Further reading

How to apply for a divorce (PDF, 1.1 MB)
This flowchart shows you how to apply for a divorce in the Court, whether you are doing so together with your spouse, or on your own. It also includes checklists of key documents you may need to provide to the Court in support of your application, and helpful links to other resources that may assist.