When a marriage ends, understanding the Australian legal system can be challenging, particularly if the marriage took place overseas or one spouse lives in another country.
For Russian-speaking residents of Australia, questions often arise about whether an overseas marriage can be dissolved in Australia, which documents are required, and how to proceed if a spouse remains overseas.
At Pravo Consult, we aim to help Russian-speaking individuals understand their options and find appropriate sources of legal assistance.
This guide explains the main requirements for divorce in Australia, including eligibility, separation periods, marriage certificate translations, court fees, and serving divorce documents overseas.
Can I Get Divorced in Australia if I Was Married Overseas?
Yes. A marriage legally entered into overseas, including in Russia, can generally be dissolved in Australia if the marriage is recognised under Australian law and the requirements for an Australian divorce are met.
You do not necessarily need to return to the country where your marriage took place.
To apply for divorce in Australia, either you or your spouse must meet at least one of the following requirements:
- Be an Australian citizen.
- Regard Australia as your permanent home and intend to live here indefinitely.
- Ordinarily live in Australia and have done so for at least 12 months immediately before filing the divorce application.
You must also satisfy the legal requirements relating to separation and provide appropriate evidence of your marriage.
Divorce applications are generally handled by the Federal Circuit and Family Court of Australia (FCFCOA).
For more information, visit the Federal Circuit and Family Court of Australia — Divorce Information.
The 12-Month Separation Rule
Australian law requires a period of separation before a couple can apply for divorce.
The only legal ground for divorce is the irretrievable breakdown of the marriage, meaning there is no reasonable likelihood that the spouses will resume their relationship as a married couple.
To demonstrate this, the spouses must generally have been separated for at least 12 months and one day before filing their application.
Separation does not necessarily require both spouses to agree to end the marriage. However, at least one spouse must regard the relationship as over and communicate that decision to the other spouse.
Separation While Living Under One Roof
Some couples continue living in the same property after separating, often because of financial pressures, housing arrangements, or responsibilities involving children.
Australian law recognises that spouses can be separated while continuing to live under the same roof.
However, if this arrangement occurred during the relevant 12-month separation period, additional evidence may be required.
This may include information about:
- Changes to sleeping arrangements.
- Whether finances and household responsibilities became separate.
- Changes in shared activities and daily routines.
- Whether relatives or friends were informed about the separation.
- The reasons both spouses continued living at the same address.
If you apply for divorce alone, you must generally provide an affidavit explaining the circumstances. You should also provide an affidavit from an independent person who can confirm relevant details.
For a joint divorce application, each spouse generally provides a separate affidavit about the separation.
The exact evidence required depends on the circumstances.
See the Court's guidance on separation under one roof.
Australia Has a No-Fault Divorce System
Australia operates a no-fault divorce system.
This means the Court does not determine who was responsible for the breakdown of the marriage when deciding whether to grant a divorce.
For example, allegations of infidelity or disagreements about why the relationship ended are generally not relevant to establishing the legal grounds for divorce.
The Court focuses on whether the marriage has broken down irretrievably and whether the required separation period has been satisfied.
However, circumstances such as family violence may still be relevant to separate proceedings involving children, property, or personal protection.
Marriage Certificates Issued Overseas: Translation Requirements
When applying for divorce in Australia, you must generally provide a copy of your marriage certificate.
If your marriage certificate was issued overseas and is not in English, the Court requires an English translation.
You must also submit a document known as an Affidavit: Translation of Marriage Certificate.
This affidavit must be completed by the person who translated the marriage certificate.
The translator must:
- Confirm the accuracy of the translation.
- Provide information about their qualifications as a translator.
- Attach a copy of the original marriage certificate.
- Attach the English translation.
- Swear or affirm the affidavit before an authorised witness, such as a lawyer or Justice of the Peace.
The affidavit and translation must be filed with the divorce application.
Do You Need a NAATI-Certified Translator?
Using a NAATI-certified translator is a practical option for translating overseas marriage certificates in Australia.
However, the Court's published requirements focus on the translation, the translator's qualifications, and the completed affidavit rather than imposing a universal NAATI-only rule.
Before arranging a translation, confirm that the translator can complete the Court's required affidavit and meet the relevant procedural requirements.
Translation and affidavit preparation fees vary between service providers.
You can download the relevant form from the Court's official Affidavit Translation of Marriage Certificate page.
How Much Does Divorce Cost in Australia in 2026?
The Federal Circuit and Family Court of Australia charges a filing fee for divorce applications.
As of October 2026, the fees effective from 1 July 2026 are:
- Standard Divorce Application Fee: AUD $1,170.
- Reduced Divorce Application Fee: AUD $390 for eligible applicants.
A reduced fee may be available to certain concession card holders, people receiving specified government payments, and applicants who satisfy financial hardship requirements.
If you submit a joint divorce application, both spouses must generally meet the relevant eligibility requirements for the reduced fee.
Additional expenses may include document translation, affidavit preparation, professional legal assistance, or the cost of serving documents overseas.
For current fees and eligibility requirements, visit the Federal Circuit and Family Court of Australia — Family Law Fees.
Sole and Joint Divorce Applications
In Australia, spouses can apply for divorce either jointly or individually.
Joint Application
A joint divorce application is submitted by both spouses.
Both parties participate in the application process and sign the required documents.
Because both spouses are applicants, there is generally no requirement to formally serve the divorce application on the other spouse.
Sole Application
A sole divorce application is submitted by one spouse without the other spouse joining the application.
In this situation, the applicant is responsible for arranging formal service of the required documents on the other spouse.
The Court must be satisfied that the relevant service requirements have been met before the divorce can proceed.
Serving Divorce Documents When Your Spouse Lives in Russia
If you file a sole divorce application and your spouse lives overseas, additional procedural requirements may apply.
In particular, the rules for serving Australian court documents in another country depend on the destination country's legal framework and any relevant international agreements.
When a spouse lives outside Australia, divorce documents generally must be served at least 42 days before the scheduled court hearing.
Possible methods of service may include:
- Service by Post: Postal service may be available in appropriate circumstances, but you generally need a signed Acknowledgment of Service confirming receipt.
- Personal Service: Documents may be delivered by an authorised third person, subject to applicable Australian and overseas requirements. You cannot personally serve the documents on your spouse.
- Service Through a Lawyer: If your spouse's lawyer agrees in writing to accept service, documents may be served through that lawyer.
- International Service Procedures: Additional requirements may apply under relevant international conventions and procedural rules.
Serving court documents in Russia should not be treated as identical to serving documents within Australia.
Before attempting international service, it is advisable to check the relevant requirements and obtain legal advice where necessary.
See the Court's official guide to serving divorce documents.
What if You Cannot Locate Your Spouse?
If you cannot locate your spouse or are unable to arrange service despite taking reasonable steps, you may apply to the Court for permission to use an alternative method.
This is known as Substituted Service.
Depending on the circumstances, the Court may permit service through:
- Email.
- Text messages.
- Social media.
- A relative or another person likely to bring the documents to your spouse's attention.
However, you cannot simply choose an alternative method yourself. The Court must approve the proposed arrangements.
In exceptional circumstances, the Court may dispense with the requirement to serve the documents altogether. This is known as Dispensation of Service.
Such orders require appropriate evidence and are not granted automatically.
Does Divorce Automatically Resolve Property and Parenting Matters?
No. A divorce order legally ends the marriage, but it does not automatically resolve financial arrangements or matters involving children.
Separate arrangements or legal proceedings may be required to address:
- Division of property and other assets.
- Financial obligations between former spouses.
- Parenting arrangements and parental responsibilities.
- Child support and related financial matters.
These issues can involve additional legal requirements, particularly if property, financial interests, or family members are located overseas.
Important: Property Settlement Time Limits
For married couples, applications for property adjustment or certain financial orders generally must be made within 12 months after the divorce becomes final.
It may be possible to seek permission to apply after this deadline, but an extension is not guaranteed.
Property proceedings can also be commenced before the divorce is finalised.
If you have property, financial commitments, or other assets in Australia or overseas, consider obtaining legal advice before the relevant deadlines expire.
For more information, visit the Court's guide to financial and property matters.
When Does a Divorce Become Final in Australia?
Once the Court grants a divorce, the marriage does not usually end immediately.
A divorce order generally becomes final one month and one day after it is made, unless the Court orders a different period.
After the order becomes final, a copy can be downloaded through the Commonwealth Courts Portal.
If you intend to remarry, it is important to confirm that your divorce has legally taken effect.
Where an Australian divorce order will be used overseas, additional recognition or documentation requirements may apply under the laws of the relevant country.
How Pravo Consult Can Help
Divorce can be particularly complicated when a marriage was registered overseas, spouses live in different countries, or documents need to be prepared for use in the Australian legal system.
At Pravo Consult, we aim to help Russian-speaking individuals across Australia better understand available information and identify appropriate sources of assistance.
Our community information and referral support may include:
- Understanding Divorce Procedures: Helping individuals find general information about Australian divorce requirements and court processes.
- Document Requirements: Providing information about overseas marriage certificates, translations, and relevant court forms.
- Finding Appropriate Assistance: Helping individuals identify qualified family law professionals, Legal Aid services, and other relevant organisations.
- Community Support: Making information about Australian legal procedures more accessible to Russian-speaking residents.
Our goal is to help individuals understand where to seek appropriate professional assistance and what steps may be relevant to their circumstances.
Contact Pravo Consult to discuss your situation:
- Phone: 0421 930 592
- Email: contact@pravoconsult.com.au
Disclaimer: This article provides general information about divorce procedures in Australia as of October 2026. Court fees, procedural requirements, and applicable laws may change. International divorce matters, property disputes, and parenting arrangements may involve additional legal considerations. This information does not constitute legal advice. For advice about your particular circumstances, consult an appropriately qualified Australian family law professional.