What is an Uncontested Divorce?
An uncontested divorce is one where both parties agree the marriage has broken down irretrievably. Australia has no-fault divorce — you do not need to prove wrongdoing, only that you have been separated for at least 12 months.
Eligibility requirements
- Separated for at least 12 months
- At least one party is an Australian citizen, domiciled or ordinarily resident in Australia
- The marriage has broken down irretrievably
- Proper arrangements exist for any children under 18
Governing legislation
- Family Law Act 1975 (Cth) — s.48 irretrievable breakdown
- Federal Circuit and Family Court Rules 2021
- Family Law Rules 2021
- Family Law (Fees) Regulation 2012
How the Divorce Process Works in Adelaide
5 clear steps under the Family Law Act 1975 (Cth). We are with you from step 1 to step 5.
Prepare & File Your Application
1–3 daysComplete the divorce application online via the Commonwealth Courts Portal or by paper. For joint applications, both parties sign. We prepare all paperwork and file on your behalf.
Court Accepts the Filing
5–15 daysThe Federal Circuit and Family Court reviews and accepts the application, then issues a court hearing date. The filing fee ($990 standard, or $330 reduced) is paid at this stage.
Service on the Other Party
14–28 daysFor sole applications, divorce documents must be served on the respondent at least 28 days before the hearing. Joint applicants skip this step as both have already signed.
Court Hearing
Varies by courtA brief hearing before a judge or registrar. For joint applications with no children under 18, attendance is often not required. We can appear on your behalf where needed.
Divorce Order Takes Effect
1 month + 1 dayThe order is granted at the hearing and becomes absolute 1 month and 1 day later. You can then request a divorce certificate. Property and parenting matters may continue separately.
Not sure where you are in the process or what to do next?
Speak to a Lawyer — FreeWhat Documents Do You Need?
A complete list of documents required when filing for divorce in South Australia.
- Required
Marriage certificate
Original or certified copy. Overseas certificates must include a certified English translation.
- Required
Proof of Australian connection
Evidence of Australian citizenship, domicile or ordinary residence — e.g., passport, citizenship certificate.
- Required
Proof of 12 months' separation
Statutory declaration or supporting evidence confirming you have lived separately for at least 12 months.
- Required
Identity documents
Current passport or driver's licence for both parties. Certified copies accepted.
Children's birth certificates
Required when children under 18 are involved. Certified copies accepted.
Affidavit of service
Sole applications only — confirms the respondent was properly served with the divorce documents.
Parenting plan or consent orders
Documents agreed childcare arrangements. Strongly recommended when children are involved.
Note: Each case is different — additional documents may be required depending on your circumstances. Call us for a free document check before you file — avoiding unnecessary delays and back-and-forth with the court.
Court registries in South Australia
- FCFCOA – Adelaide Registry:
- Level 1, 108 North Terrace, Adelaide SA 5000
- Family Court of SA:
- 1 Gouger Street, Adelaide SA 5000
- Magistrates Court (SA):
- 260 Victoria Square, Adelaide SA 5000
- Elizabeth Registry:
- 15 Frobisher Road, Elizabeth SA 5112
- Mount Gambier Registry:
- 62 Bay Road, Mount Gambier SA 5290
- Port Augusta Registry:
- 15 Mackay Street, Port Augusta SA 5700
Divorce Filing Fees in Australia (2025)
Official court fees under the Family Law (Fees) Regulation 2012 — applied uniformly across all Australian states and territories.
| Matter type | Court fee |
|---|---|
| Standard divorce application filing feeMost common | $990 AUD |
| Reduced filing fee (eligible applicants) | $330 AUD |
| Property / financial matters filing fee | $365 – $5,600 AUD |
| Children's matters application | $365 AUD |
Court fees go to the government
The filing fee is paid directly to the Federal Circuit and Family Court of Australia — not to us. We charge a separate legal fee, which is quoted and agreed in advance.
Our legal fees
We offer fixed-fee divorce packages with full cost disclosure before you sign. Contact us for a personalised quote based on your circumstances.
Why Adelaide Families Choose Us
Over a decade helping South Australian families navigate the legal process with clarity, compassion and efficiency.
10+ Years' Experience
Our family law practitioners bring deep expertise in divorce, property settlement and parenting matters across South Australia.
500+ Cases Resolved
A 98% resolution rate. We finalise matters up to 30% faster than self-represented applicants — so you can move forward sooner.
Free Initial Consultation
Speak to a lawyer at no cost — by phone, video or in person. We explain your options clearly before you commit to anything.
Strict Confidentiality
All matters are handled with complete discretion in full compliance with our professional legal obligations and Australian privacy law.
Transparent Pricing
Fixed-fee options available. Full cost disclosure before you sign. No surprise invoices — ever.
Court Representation
We appear on your behalf in the Federal Circuit and Family Court of Australia, protecting your rights at every stage of the proceedings.
Over 500 Families Have Trusted Us
“The team guided me through every step of the process with patience and professionalism. My divorce was finalised in under 3 months — much faster than I expected.”
“Excellent service. Every fee was explained upfront and I was kept informed throughout the entire process. Highly recommend Adelaide Family Law to anyone going through this.”
“My situation involved children and property which made things more complex. The lawyers worked hard to reach an agreement that was fair and protected my children's interests.”
Frequently Asked Questions
The most common questions about uncontested divorce in South Australia.
Once your application is filed, it typically takes 2–3 months to receive a hearing date. The divorce order becomes final 1 month and 1 day after the hearing. A fully uncontested matter with no children can often be resolved in as little as 3–4 months from filing to the order taking effect.
The court filing fee is $990 AUD (standard) or $330 AUD for eligible concession card holders. These are government fees paid directly to the court. Our legal fees are separate and disclosed in full before you sign anything. We offer fixed-fee divorce packages — contact us for a free quote.
You will need: (1) your marriage certificate (original or certified copy); (2) proof of your Australian connection (citizenship, domicile or residency); (3) evidence of at least 12 months' separation — a statutory declaration if required. If children under 18 are involved, their birth certificates are also needed. We provide a full personalised checklist at your free consultation.
For a joint application with no children under 18, neither party is generally required to attend the hearing. For sole applications, or where children under 18 are involved, the applicant usually must attend. If you are represented by us, we can often appear on your behalf — saving you from taking time off work.
You are not legally required to have a lawyer, but it is strongly recommended — especially where children, property or domestic violence are involved. A lawyer ensures your paperwork is correct the first time (avoiding costly delays), protects your legal rights, and can negotiate fair arrangements on your behalf. We offer a free initial consultation so there's no risk in getting advice.
Divorce applications are filed with the Federal Circuit and Family Court of Australia. The Adelaide Registry is located at Level 1, 108 North Terrace, Adelaide SA 5000. Applications can also be lodged online through the Commonwealth Courts Portal. We handle all filing on your behalf.
The divorce order is granted at the hearing and becomes absolute 1 month and 1 day later. Once absolute, you are legally divorced and free to remarry. You can request a divorce certificate from the court after that date. Note that property settlement and parenting matters are dealt with separately and may continue after the divorce is finalised.
Have another question? Call us on (08) 8410 2233 for a straight answer.
Get Your Divorce Right — the First Time
Call or leave your details — a lawyer will be in touch within 30 minutes. The initial consultation is completely free, with no obligation.
Adelaide Family Law
Divorce & Family Law Specialists
- Address
- Level 3, 45 Pirie Street, Adelaide SA 5000
- Phone
- (08) 8410 2233
- Office hours
- Mon–Fri: 9:00am – 5:30pm | Sat: By appointment