Divorce
Written in plain language for general understanding. This is educational content, not legal advice. Based on Commonwealth Acts of Parliament, federal regulations, and official government guidance.
What is this right?
Australia has a no-fault divorce system. This means you do not need to prove that either person did something wrong. The only legal ground for divorce is that the marriage has broken down irretrievably, which you prove by living separately for at least 12 months (Family Law Act 1975, s 48).
You can be separated under the same roof if you can show the relationship ended — for example, sleeping apart, not sharing meals, or telling family and friends. If you reconcile for less than three months during the 12-month period, the clock does not restart (s 50).
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)). If the marriage lasted less than two years, you must attend counselling or get a certificate saying counselling was attempted before filing (s 44(1B)).
The divorce becomes final one month and one day after the court grants the order. 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 should you do?
- 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.
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