How to Get a Divorce in South Australia: Legal Steps, Costs & Advice
Starting the divorce process can feel overwhelming. Whether you’re looking for legal advice, a step-by-step process, or need help filing your application, this guide will help you understand how to get a divorce in South Australia — with practical tips, cost breakdowns, and expert support from Adelaide’s trusted divorce lawyers.
We’re here to guide you through each step of the divorce process in South Australia with practical advice, genuine support, and strong legal representation.
This article covers the following areas:
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Whether you need advice on separation, parenting matters, financial agreements or simply want to understand your options, our divorce lawyers in Adelaide are here to help.
1. Who Can Apply for Divorce?
Under the Family Law Act 1975, you can apply for a divorce in South Australia if:
- You’re an Australian citizen or permanent resident;
- You’ve lived in Australia for at least 12 months; and
- You’ve been separated from your spouse for at least 12 months with no reasonable chance of reconciliation.
Even if you’re still living in the same home, which is called ‘separation under one roof’, you may still be eligible to apply.
Randle & Taylor’s divorce lawyers can help clarify your eligibility and prepare any necessary affidavits to support your case.
2. Steps to Apply for Divorce in South Australia
We’ll walk you through the process step by step.
2.1 Separation
Separation doesn’t always mean moving out. You can be separated while living under the same roof if you’re leading separate lives, such as sleeping in different rooms and handling finances separately.
We can help you document this if needed.
2.2 Gather Required Documents
You’ll need a copy of your marriage certificate, and in some cases, a counselling certificate. If it’s not in English, you must provide a certified English translation along with an affidavit from the translator.
2.3 Submit Your Application
Divorce applications are lodged online via the Commonwealth Courts Portal.
There are two ways you can apply:
- If you apply solely, one party applies and the other must be served with the application.
- If you apply jointly, both parties apply together, which means no one needs to be served.
2.4 Attend the Hearing (if Required)
If you have children under 18 and filed a sole application, your attendance at the hearing is mandatory. This is to ensure the right arrangements are put in place for your children.
For joint applications without children under 18, you may not be required to attend.
2.5 Receive the Divorce Order
If all goes smoothly, the divorce order becomes final one month and one day after the hearing.
3. What Does Divorce Cost?
In South Australia (and Australia generally), the court filing fee for a divorce application is currently $1,125. Eligible applicants (such as concession card holders or those experiencing financial hardship) may qualify for a reduced fee of about $375.
This fee applies to the divorce application itself — separate from any legal fees you may incur if you seek assistance from a lawyer for preparation, filing, serving documents or court representation.
Find out more about the cost of divorce in Australia here.
4. Parenting Arrangements During Divorce in South Australia
One of the most sensitive parts of divorce is making sure your children are safe, supported, and cared for.
Consider whether you need help to create or formalise parenting arrangements, such as parenting plans or consent orders, that put your child’s best interests first.
It’s usually best for everyone involved if parents can come to their own agreement, focusing on the needs of the child. You should not include young children in these discussions.
A parenting plan is a written parenting agreement that is arranged without any court intervention. A consent order is an agreement that is put into a formal court order, which requires making an application to the court. Our family lawyers can help you.
If parents continue to disagree about parenting arrangements, they may need the court to determine the parenting arrangement.
Find out more about parenting orders and parenting plans here.
5. Property and Financial Matters
Divorce does not resolve property and financial matters.
You’ll need to finalise your property settlement within 12 months of your divorce becoming final.
This includes:
- Dividing assets and liabilities. All assets and debts are considered, including superannuation.
- Determining spousal maintenance. One party may be required to support the other financially post-divorce, depending on circumstances.
If 12 months pass and you have not formally resolved your financial settlement, then you will have to seek an extension of time from the court to apply for financial orders out of time.
If the court does not allow you or your spouse to file an application outside the time limit then you will have lost your respective rights to a ‘just and equitable’ division of property.
6. Divorce FAQs: General Questions
What are the requirements for getting a divorce in South Australia?
To get a divorce in South Australia, you must be separated for at least 12 months. Either you or your spouse must be an Australian citizen, ordinarily live in Australia, or regard Australia as your permanent home.
How long do you need to be separated before divorce in South Australia?
You must be separated for at least 12 months before applying. This includes separation under one roof, provided you’ve lived independently within the same home.
Can I get divorced if we live in the same house?
Yes. You’ll need to show that your marriage has ended by providing evidence of separate sleeping arrangements, finances, and social lives.
How do I apply for divorce in South Australia?
File your application online via the Commonwealth Courts Portal. You’ll need your marriage certificate and must meet the eligibility and separation criteria. A filing fee also applies.
What documents do I need to file for divorce in South Australia?
You need your marriage certificate to apply for divorce.
Additional documents may include affidavits for separation under one roof and a counselling certificate if your marriage is less than two years old.
Legal and Procedural Questions
What court handles divorce in South Australia?
The Federal Circuit and Family Court of Australia handles all divorce applications in South Australia. Applications are filed online and processed under federal family law.
How much does a divorce cost in South Australia?
The standard divorce filing fee in South Australia is $1,125.
A reduced fee of $375 may apply if you hold an eligible concession card. Fees are set by the Federal Circuit and Family Court of Australia and are paid when lodging your application online.
Can I file for divorce online in South Australia?
Yes, you can file for divorce online using the Commonwealth Courts Portal. The process includes uploading documents and paying the applicable fee.
Do I need to attend court for a divorce hearing?
You must attend court if you filed a sole application and have children under 18. Attendance is not usually required for joint applications.
How long does a divorce take in South Australia?
A divorce typically takes about four months from application to finalisation. The court issues the final divorce order one month and one day after the hearing.
Children and Parenting
What happens to children during a divorce in South Australia?
Parenting arrangements must prioritise the best interests of the children. This can be done through informal parenting plans or legally binding consent orders.
Do I need a parenting plan to get divorced?
No, a parenting plan is not required to obtain a divorce. However, the court must be satisfied that proper arrangements are in place for children under 18.
Does the court decide child custody in divorce cases?
The court only decides custody if parents cannot agree. If an agreement is reached, it can be formalised in a parenting plan or consent order.
Can parents make their own custody arrangements?
Yes, parents can create their own parenting plans. These can remain informal or be made legally binding through consent orders.
Property and Finance
When should I settle property after a divorce?
Property settlement is a separate issue to a divorce order. You must settle property matters within 12 months of the divorce becoming final. De facto couples have two years from separation.
What happens to joint property in a divorce?
Joint assets and debts are divided based on contributions and future needs. This includes real estate, savings, superannuation, and debts.
Can I get spousal maintenance after divorce?
Yes, you may be entitled to spousal maintenance if you’re unable to support yourself and your former partner has the capacity to pay.
Is there a time limit for property settlement?
Yes, married couples have 12 months after their divorce is finalised to apply for property settlement. De facto couples have two years from the date of separation.
Specific Circumstances
Do I need a counselling certificate to divorce?
If your marriage is less than two years old, then yes, you will need to get a Counselling Certificate from a family law counsellor to file with your divorce application. This is to ensure that other options to improve the relationship have been considered before reaching the conclusion that divorce is the only option
Can I apply for divorce if my spouse is overseas?
Yes, you can apply for divorce if your spouse lives overseas. You must ensure they are served with the application in accordance with international service rules.
Can I stop a divorce application?
You can oppose a divorce if you believe there hasn’t been 12 months of separation or that the court lacks jurisdiction. Valid reasons must be provided.
Who pays for a divorce in Australia?
The applicant usually pays the divorce fee, though costs may be shared or requested from the other party in specific situations.
Practical Concerns
When can I remarry after divorce in Australia?
You can remarry in Australia once the divorce order becomes final, which is one month and one day after the divorce hearing.
Does divorce cancel my Will in South Australia?
No, divorce does not automatically revoke your Will. It’s important to review and update your Will after separation or divorce though.
Do I need a lawyer to get a divorce in South Australia?
You don’t need a lawyer to apply for divorce, but legal advice is strongly recommended, especially for parenting and property issues.
How do I prove separation under one roof?
You must file affidavits explaining how you’ve been living separately despite sharing a home. This covers finances, sleeping arrangements, and social behaviour.
What if I can’t locate my spouse for divorce?
If you can’t find your spouse, you can apply to the court for substituted service or to waive the service requirement entirely.
Why Choose Randle & Taylor for Divorce Matters in South Australia
Randle & Taylor have been supporting South Australians through divorce and separation for over 50 years. We provide clear advice, transparent fees, and practical guidance when it matters most.
If you need help with separation, parenting arrangements, or financial matters, our Adelaide divorce lawyers are available to assist. A free 15-minute telephone consultation is available with no obligation.
