Filing for divorce is rarely easy, but having the right information can make a challenging time more manageable. If you're based in Sydney or anywhere in New South Wales, there’s a clear legal process to follow — and knowing the steps in advance can help you feel more confident and prepared.
At CM Lawyers, we work closely with individuals and families navigating divorce and separation. In this guide, we walk you through the key steps to filing for divorce in NSW, from eligibility to application, and explain why getting legal support can make all the difference.
Who Can File for Divorce in NSW?
To file for divorce in NSW, you must meet a few basic requirements:
- You or your spouse must be an Australian citizen, a permanent resident, or usually live in Australia.
- Your marriage must have broken down permanently, with no chance of reconciliation.
- You must have been separated for at least 12 months.
- If you’ve been married for less than 2 years, you’ll generally need to attend counselling or seek permission from the court to proceed.
Learn more about Divorce and Separation in NSW
Step 1: Confirm You Are Separated
Divorce and Separation begins when at least one partner decides to end the relationship and communicates that clearly. It’s possible to be considered separated even if you continue living in the same home — this is known as “separation under one roof.” In these cases, you’ll need to provide extra evidence to support your divorce application, such as statutory declarations from friends, family, or professionals who can confirm your separation.
Step 2: Gather the Required Documents
Before applying for divorce, it’s important to get your paperwork in order. You’ll need:
- A copy of your marriage certificate (with a certified English translation if it's in another language).
- Any supporting documents (e.g. affidavits for separation under one roof).
- Proof of Australian residency or citizenship, if you weren’t born in Australia.
If you need help locating or preparing these documents, a solicitor can assist you to ensure everything is correct and complete before you apply.
Step 3: Decide on a Sole or Joint Application
There are two ways to apply for divorce in NSW:
- A sole application, where one person initiates the process and serves the documents on the other party.
- A joint application, where both parties apply together, usually when the separation is amicable.
If children under 18 are involved, and you’re applying alone, you may be required to attend a court hearing to discuss parenting arrangements.
Step 4: File Your Divorce Application Online
Divorce applications are lodged through the Commonwealth Courts Portal, an online system used by the Federal Circuit and Family Court of Australia. You’ll need to:
- Create or log in to your account.
- Complete the online divorce application.
- Upload your supporting documents.
- Submit your application and pay the applicable court fee (concessions are available in some cases).
Once lodged, the system will generate sealed copies of your application, which are used in the next step if you're applying on your own.
Step 5: Serve Divorce Documents (If Applicable)
If you submitted a sole application, you must serve your spouse with a copy of the application. This has to happen at least a few weeks before your scheduled court date and must follow formal service procedures.
Serving can be done via:
- A process server
- Registered mail, with signed acknowledgement
- Another third party over the age of 18
You cannot serve the documents yourself. After service, you'll need to provide evidence to the court, such as an affidavit of service and a signed acknowledgement of receipt.
Step 6: Attend the Divorce Hearing (When Required)
In many cases, you won’t need to attend court. However, attendance is required if:
- You made a sole application and have children under 18.
- There are any issues the court needs to clarify.
At the hearing, the court reviews your documents and confirms that the legal requirements have been met. If approved, the divorce becomes final one month and one day later. You’ll then receive an official Divorce Order via the court’s online portal.
Step 7: Finalise Other Legal Matters Separately
It’s important to understand that divorce only legally ends the marriage — it doesn’t automatically deal with other issues such as:
- Property and financial settlements
- Parenting arrangements
- Spousal maintenance
These matters must be handled through separate legal processes. There is also a time limit: you must start any application for property division or spousal maintenance within 12 months of your divorce becoming final.
Check here How to get a Divorce With Ease - Divorce in NSW
How Long Does the Divorce Process Take?
From start to finish, the process typically takes a few months, assuming there are no complications. This includes the mandatory 12-month separation period, the processing of your application, and the one-month waiting period after the court grants your divorce.
Delays can occur if documents are incomplete or if there are disagreements, especially involving children or property. Legal advice can help you avoid setbacks and ensure everything is done properly the first time.
Why Work with a Family Lawyer?
While it's possible to apply for divorce on your own, many people choose to work with a family lawyer for peace of mind. A lawyer can:
- Ensure all documents are correctly prepared and lodged
- Advise you on your rights and obligations
- Help you navigate separation under one roof or complex situations
- Represent you in court, if needed
- Assist with parenting or property arrangements
Get Expert Help from CM Lawyers
At CM Lawyers, we understand that divorce isn’t just a legal matter — it’s deeply personal. Our experienced family law team supports clients across Sydney with compassionate, practical guidance at every stage.
Whether you're filing a sole application or managing a more complex separation, we make the process easier by taking care of the paperwork, timelines, and strategy so you can focus on moving forward.
Need help with your divorce application?
Contact CM Lawyers today to book a consultation and get expert legal support from a trusted Sydney law firm. We’re here to help you take the next step with clarity and confidence.
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