A Step-by-Step Guide to Filing Without a Lawyer
Ending a marriage is never easy, but doing your own divorce in New South Wales (NSW) can be a cost-effective and straightforward option—if you follow the right steps.
This guide is designed for those navigating a DIY divorce under Australian family law. Whether you’re filing a sole or joint application, this comprehensive checklist walks you through everything from eligibility to final court orders, helping you avoid common errors and delays.
✅ Need help with the paperwork? Book a $299 fixed-fee document review with Lyon Legal today.
Who Can Apply for a DIY Divorce in NSW?
Before you begin, make sure you meet the eligibility criteria under the Family Law Act 1975:
✅ You have been separated for at least 12 months with no reasonable likelihood of reconciliation.
✅ You have been married for at least 2 years, or you have completed required counselling or obtained court permission.
✅ There are no unresolved disputes over children, property, or finances.
⚠️ Important: A DIY divorce only ends the marriage. Parenting arrangements, property settlements, and spousal maintenance require separate legal processes.
Step 1: Gather Essential Documents
Organising your documents early will save you time and prevent your application from being rejected.
A. Proof of Marriage
Original Marriage Certificate from an Australian Registry of Births, Deaths and Marriages
If married overseas: a certified translation (if not in English)
B. Proof of Separation
You’ll need to confirm:
The date of separation
Whether you lived separately under one roof
That both parties understood the relationship had ended
Recommended supporting documents:
Statutory Declaration confirming separation
Lease agreements or utility bills showing separate residences
Bank statements with separate accounts
C. Parenting Plans (If You Have Children)
While not mandatory for divorce, it’s wise to have a written parenting plan covering:
Custody and visitation arrangements
Schooling and healthcare responsibilities
Financial support
Step 2: Complete the Divorce Application
All divorce applications in NSW are now lodged through the Commonwealth Courts Portal (online).
Required Forms:
Divorce Application (choose Sole or Joint)
Affidavit for eFiling (confirms facts and circumstances)
Marriage Certificate (certified copy must be uploaded)
Make sure all documents are accurate, complete, and signed.
Common Mistakes to Avoid:
❌ Incorrect separation dates (can lead to rejection)
❌ Missing signatures on affidavits
❌ Not certifying original documents
❌ Not uploading English translations
Tip: Double-check your application using a checklist or have a lawyer review it before filing.
Step 3: Pay the Filing Fee & Submit
As of 2024, the Federal Circuit and Family Court of Australia charges:
Standard Fee: $1,040
Reduced Fee: $350 (available for concession cardholders or those facing financial hardship)
You’ll need to pay this online via the Court Portal when you submit your application.
What Happens Next?
You’ll receive a hearing date (usually 6–10 weeks later)
If you applied jointly or there are no children, no hearing may be required
If required, the court will send you service documents and instructions
Step 4: Serve the Divorce Application (Sole Applicants Only)
If you’re filing a sole application, you must serve the documents to your ex-spouse at least 28 days before the hearing.
How to Serve:
In person (via process server or friend—not you)
By post (with signed Acknowledgment of Service)
Through a solicitor (if the other party has one)
After Serving:
Complete and file an Affidavit of Service
If your ex cannot be located, you may apply for a substituted service order
Step 5: Attend the Court Hearing (If Required)
You must attend a hearing if:
You’ve been married for less than 2 years
You are the sole applicant and have children under 18
There are any errors or disputes in the paperwork
Most hearings are conducted virtually. Be prepared to answer questions such as:
“When did the separation occur?”
“Are suitable arrangements in place for any children?”
Step 6: Finalise Your Divorce
Once the application is approved, the Court will issue a Divorce Order—but it only becomes effective one month and one day after the hearing.
After that, you can download your official divorce certificate via the Court Portal.
Example Timeline:
Application lodged: 1 March
Hearing: 20 April
Divorce becomes final: 21 May
When DIY Divorce Isn’t Enough
While a DIY divorce works for simple, amicable cases, you should seek legal advice if:
Your ex-partner disputes the separation or terms
There are international assets or complex property
You cannot locate your ex for service
You need to apply for parenting orders or consent orders
Lyon Legal can assist with property settlements, parenting plans, and formalising consent orders at competitive fixed fees.
Frequently Asked Questions (DIY Divorce NSW)
Q: Can I still apply if we live under the same roof?
Yes. You’ll need additional affidavits confirming that the marriage is over despite shared housing.
Q: What if my ex won’t sign the forms?
You can apply as a sole applicant. Just ensure they are properly served and that you file a valid Affidavit of Service.
Q: Can I change my name after divorce?
Yes. Use your divorce certificate to update your driver’s licence, passport, Medicare, and other ID.
Q: Can I remarry immediately?
No. You must wait until the Divorce Order is final—about one month after the court date.
Key Takeaways
✔ DIY divorce in NSW is affordable and achievable for simple cases
✔ Start by gathering documents: marriage certificate, proof of separation, parenting plans
✔ Complete and lodge forms through the Commonwealth Courts Portal
✔ Serve your ex-spouse properly if filing alone
✔ Divorce becomes final 1 month after approval
✔ Parenting and property issues require separate legal processes
Need Help Filing a DIY Divorce in NSW?
At Lyon Legal, we assist NSW residents with cost-effective support for divorce and family law matters. Whether you’re preparing a DIY application or unsure how to start, our legal team can help with:
✅ DIY Divorce Application Review – Only $299
✅ Legal Advice for Parenting or Property Orders
✅ Full Representation in Contested Cases
✅ Free 15-Minute Initial Consultation
