Divorce can feel overwhelming – both emotionally and legally. We explain what’s involved when getting divorced in Australia, how long it takes, and what to expect at each step.
Divorce in Australia is governed by the Family Law Act 1975 (Cth) and is handled by the Federal Circuit and Family Court of Australia (FCFCOA). It is important to realise that divorce is a separate matter entirely to property settlement, that is, the process of dividing assets, liabilities, and financial resources between a couple when a marriage or de facto relationship ends.
Australia has a “no-fault” divorce system, which means the Court doesn’t look at who was to blame for the marriage breakdown – all that matters is that the relationship has irretrievably broken down.
To prove this, you must have been separated for at least 12 months and one day before you can apply for divorce.
Separation Explained
Separation simply means one or both partners decide the relationship is over. You don’t need to move out of the same home to be “separated” – many couples live separately under one roof for practical or financial reasons.
If that’s the case, you’ll need evidence (like separate bedrooms, finances, or social arrangements) to show that you were truly separated.
Who Can Apply for Divorce?
You can apply for divorce if:
- You or your spouse is an Australian citizen, or
- You live in Australia and consider it your permanent home, or
- You have lived in Australia for at least 12 months before filing.
You can apply for a divorce solely (by yourself) or jointly (together with your spouse).
How to Apply for Divorce
Divorce applications are made online through the Commonwealth Courts Portal. You will need to:
- Complete the divorce application form.
- Pay the filing fee.
- Attach a copy of your marriage certificate.
- Serve the papers on your spouse if it is a sole application.
Attending the Divorce Hearing
Most divorces are straightforward and do not usually require a court appearance and are heard in chambers (behind closed doors).
You may need to attend if:
- You make a request for the divorce to be heard at a hearing;
- The Respondent (the other party where the application for divorce is not jointly made) requests the divorce be heard at a hearing;
- The Respondent opposes the application; or
- You are applying for an order for substituted service. That is, you cannot serve the other party in the usual way, being either via process server or via post.
When the Divorce Becomes Final
If the Court grants the divorce, it becomes final one month and one day after the divorce hearing. You will then receive an official Divorce Order, which acts as proof that the marriage is legally over.
FAQs
You need to be separated for a minimum of 12 months and therefore, there is usually a rule in place that you wait 1 year and a day before you start the divorce application.
It depends on how long it takes you to make the application, serve the documents on the other party (where it is a sole application for divorce) and when the court can schedule your divorce application to be heard at a hearing (in chambers).
- to get divorced first, then complete the property settlement;
- do the application for divorce and property settlement simultaneously; or
- do the property settlement first, and then get divorced.
