How to file for divorce in South Australia
Filing for divorce in South Australia is done through the Federal Circuit and Family Court of Australia (FCFCOA) — the same national court used in every state and territory. The applicant must have been separated for 12 months, file a Form 1 Application for Divorce online, pay the filing fee, and (if a sole application) serve the other party. The divorce typically takes effect 4-6 months after filing.
The framework
Divorce is governed by Part VI of the Family Law Act 1975 (Cth). The Federal Circuit and Family Court of Australia has jurisdiction under the Federal Circuit and Family Court of Australia Act 2021 (Cth). Section 48 sets the 12-month separation requirement.
The process
Confirm 12 months of separation
You must have been separated for at least 12 months and one day before filing. Separation under one roof is possible but requires supporting affidavit evidence.
Decide between a sole or joint application
A joint application avoids service requirements and is typically simpler. A sole application is made when only one party wants to apply or the other party cannot be located.
Register on the Commonwealth Courts Portal
Create an account on the Commonwealth Courts Portal. Divorce applications are filed online.
Complete Form 1 — Application for Divorce
Provide details of marriage, separation, any children under 18 of the marriage, and proposed arrangements for them.
Gather supporting documents
Attach a certified copy of the marriage certificate. If the certificate is in a language other than English, also provide a certified English translation and translator's affidavit.
Pay the filing fee
Pay the standard FCFCOA divorce filing fee. A reduction is available for concession cardholders and those who would suffer financial hardship.
File the application online
Lodge the Form 1 and supporting documents through the Commonwealth Courts Portal. You will receive a sealed copy and a hearing date.
Serve the application (sole applications only)
For sole applications, serve the sealed documents on the respondent at least 28 days before the hearing (42 days if overseas), using a process server or eligible adult. File an affidavit of service.
Attend the hearing if required
Attendance is required where there are children under 18 of the marriage in a sole application. Otherwise attendance is not usually required. Hearings can be by phone or video.
Receive the divorce order and certificate
The divorce order takes effect one month and one day after the hearing. Download the divorce certificate from the portal and keep it for future use (remarriage, visa, or estate matters).
Forms and templates
- Application for Divorce (Form 1)
- Affidavit of Service
- Affidavit — Separation Under One Roof (if applicable)
Common mistakes
- Filing before 12 months and one day of separation
- Missing a certified marriage certificate or translation
- Not addressing proposed arrangements for children under 18 of the marriage
- Serving a sole application late or incorrectly
- Not attending the hearing when required (children under 18)
Get this process right with Quillio
Quillio can prepare the Form 1, separation-under-one-roof affidavits, and affidavit of service from your inputs. See /practice-areas/family-lawyers or start a free trial at /free-trial.
This guide is general information — not legal advice. The FCFCOA may update forms, fees, and processes. Divorce does not resolve property or parenting — obtain legal advice if either needs to be resolved.
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