Divorce in Australia
Reviewed by the Commoner Law Editorial Team. Sourced from Commonwealth Acts of Parliament, federal regulations, and official government guidance. State-level information reflects each state's own Acts and court decisions. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
Australia has a no-fault divorce system. There's no need to prove anyone did anything wrong — the only ground is that the marriage has broken down irretrievably, demonstrated by living separately for at least 12 months under s. 48 of the Family Law Act 1975.
You can be separated under the same roof if you can show the relationship ended — sleeping apart, not sharing meals, telling family and friends. A reconciliation of less than three months during the 12-month period does not restart the clock (s. 50).
The jurisdictional hook: at least one spouse must be an Australian citizen, domiciled in Australia, or an ordinary resident who has lived here for at least 12 months before filing (s. 39(3)). For marriages of less than two years, you must attend counselling or obtain a certificate that counselling was attempted before filing (s. 44(1B)).
The divorce order becomes final one month and one day after the court grants it. You cannot remarry until it is final.
When does it apply?
This applies to legally married couples in Australia.
- At least one spouse must be an Australian citizen, domiciled in Australia, or have lived in Australia for 12 months or more before filing.
- You must prove you have been separated for at least 12 continuous months.
- If married less than two years, you must attend or attempt counselling before applying.
- De facto couples do not need a divorce — they separate without a court order.
What to Do If You Want a Divorce in Australia
- Document the date of separation — this starts the 12-month clock. Tell family or friends so there is evidence.
- Apply online through the Commonwealth Courts Portal or file at the Federal Circuit and Family Court of Australia.
- File jointly if both parties agree — neither spouse needs to attend the hearing.
- Serve the other party if filing alone — they must receive a copy at least 28 days before the hearing (42 days if overseas).
- Resolve property and parenting matters separately — these are not part of the divorce itself, but property claims must be filed within 12 months of the divorce becoming final.
What should you NOT do?
- Don't wait too long to file property claims — you have only 12 months after the divorce is final to apply for property orders (s 44(3)).
- Don't assume fault matters — the reason for the breakup does not affect property, maintenance, or parenting outcomes.
- Don't hide assets — both parties must give full and frank financial disclosure.
- Don't ignore divorce papers — if you are served and do not respond, the court can proceed without you.
Use the jurisdiction bar at the top of the page to pick your state — you'll see how state law differs from Australian federal law.
6 states available
Common Questions
When does divorce apply?
This applies to legally married couples in Australia.At least one spouse must be an Australian citizen, domiciled in Australia, or have lived in Australia for 12 months or more before filing.You must prove you have been separated for at least 12 continuous months.If married less than two years, you must attend or attempt counselling before applying.De facto couples do not need a divorce — they separate without a court order.
What should I do if I want to get divorced in Australia?
Document the date of separation — this starts the 12-month clock. Tell family or friends so there is evidence.Apply online through the Commonwealth Courts Portal or file at the Federal Circuit and Family Court of Australia.File jointly if both parties agree — neither spouse needs to attend the hearing.Serve the other party if filing alone — they must receive a copy at least 28 days before the hearing (42 days if overseas).Resolve property and parenting matters separately — these are not part of the divorce itself, but property claims must be filed within 12 months of the divorce becoming final...
What mistakes should I avoid with divorce?
Don't wait too long to file property claims — you have only 12 months after the divorce is final to apply for property orders (s 44(3)).Don't assume fault matters — the reason for the breakup does not affect property, maintenance, or parenting outcomes.Don't hide assets — both parties must give full and frank financial disclosure.Don't ignore divorce papers — if you are served and do not respond, the court can proceed without you.
Divorce in other states
Same topic, different jurisdiction. Pick the one that applies to you.