In Australia, divorce is the legal process of ending a marriage.
To be granted a divorce, a couple must meet certain requirements, including having been separated for at least 12 months and demonstrating that the marriage has irretrievably brokendown.
Once a divorce is granted by the Court, the couple’s legal marriage is dissolved, and they are free to remarry.
It is important to note that divorce in Australia is separate from other family law matters, such as property settlement and child custody.
While these issues may be dealt with as part of the divorce process, they are separate legal matters that may require additional legal assistance to resolve. A family lawyer can assist you with preparing your application to the Court to terminate your marriage and to provide you with tailored advice in relation to your separation.
We provide specialist advice and assistance with the divorce process, helping you formally end your marriage and understand the separate legal issues that may arise following separation.
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We take the time to understand your circumstances, priorities and desired outcome.
We develop a clear, practical strategy designed around your goals and your unique family law matter.
With a clear plan in place, we take the necessary steps to progress your matter efficiently and strategically.
We guide your matter towards a practical outcome, giving you the clarity and confidence to move forward.
To apply for a divorce in Australia you must lodge an Application for Divorce with the Federal Circuit and Family Court of Australia. You will be eligible to file for divorce if you or your former spouse are Australian citizens or residents and regard Australia as your home.
In Australia, there is a “no-fault” divorce system. There is only one ground for divorce, and that is the irretrievable breakdown of the marriage. You and your spouse must have been separated for at least 12 months before filing an Application for Divorce. If you reconcile with your spouse for more than three months during this separation, then the 12-month separation period may be reset, and the separation period must commence again. The separation can also occur whilst living apart or under the same roof, but there must be a clear separation in your day-to-day lives, for example a separation in the domestic arrangements between you and your former spouse.
If you and your former spouse have been living in separate residences, it is usually considered the most straightforward way to establish separation. However, you can still be separated whilst living under the one roof. To prove you have been separated and living under one roof, an affidavit will need to be filed together with an affidavit by a witness (or your former spouse) detailing separation has occurred and that you and your former spouse have ceased performing duties as a married couple during this period, for example no longer sharing meals, household chores or finances.
The time it takes to obtain a Divorce Order from the Court can vary depending on various factors, including the court’s workload, the complexity of the case, and whether there are any complications or disputes involved. However, usually once you file your Application it will be listed for a Divorce Hearing within two months. Once the Court has granted the divorce, your marriage will be terminated one month and one day after the Divorce Order is made.
It is important to seek legal advice from a family lawyer to ensure that all necessary steps are followed and to understand the specific requirements and timelines for your particular case. Additionally, complexities involving children, property, or disputes about the date of separation might extend the duration of the divorce process. Property division and parenting arrangements are treated separately to divorce applications.
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