Divorce in Australia (2026)
About this article
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
Compare by state
Statute citations are verified per state. Select a state to jump to its full section below.
| Primary statute | |
|---|---|
| New South Wales | Crimes (Domestic and Personal Violence) Act 2007 (NSW) |
| Queensland | Family Law Act 1975 (Cth) |
| South Australia | Family Law Act 1975 (Cth), Part VI — divorce |
| Tasmania | Family Law Act 1975 (Cth), Part VI — divorce |
| Victoria | Family Law Act 1975 (Cth) |
| Western Australia | Family Law Act 1975 (Cth) — divorce |
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.
About Family Law in Australia
Family law in Australia is federal — the Family Law Act 1975 covers divorce, parenting, property, and spousal maintenance, all heard in the Federal Circuit and Family Court. Divorce is no-fault and needs 12 months of separation. The 2023 amendments removed the equal shared parental responsibility presumption — child safety is now the primary concern. Property splits use a four-step just-and-equitable test, not 50/50. De facto couples get equivalent rights under Part VIIIAB. Child support runs through the Child Support (Assessment) Act 1989.
Worked Examples
ScenarioYou separated from your spouse 13 months ago, never reconciled, and now want to apply for divorce.
OutcomeYou meet the only ground for divorce — irretrievable breakdown shown by being separated for 12 months and 1 day. You can apply online via the Commonwealth Courts Portal (federal court process under the Family Law Act 1975), without having to prove fault. The rules are the same in every state.
Verified against the Federal Circuit and Family Court of Australia and the Family Law Act 1975 — only ground is irretrievable breakdown, evidenced by 12 months separation. Educational information, not legal advice.
Common Questions
How long do I have to be separated before I can apply for divorce?
You must have been separated for 12 months and 1 day before filing a divorce application. The separation must be ongoing — if you reconciled for 3 months or more during that period, the clock resets, but shorter reconciliation attempts are allowed without restarting the count.
Can we be separated and still live in the same house?
Yes — it's called being 'separated under one roof'. You need to provide extra evidence such as your affidavit and a corroborating affidavit from a friend or family member showing you lived separately (separate finances, sleeping arrangements, social life). It's recognised but requires more proof.
Is Australia a no-fault divorce country?
Yes. Since 1975 there has been one ground only — irretrievable breakdown — and the court doesn't consider blame or 'fault' such as adultery. Conduct may still be relevant for parenting and property issues, but not for the divorce itself.
Does divorce automatically sort out property and the kids?
No. Divorce only legally ends the marriage. Property division and parenting arrangements are separate processes. You generally have 12 months from when the divorce order takes effect to apply for property or spousal maintenance orders out of time.
What is the divorce right in Australia?
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 Aus...
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.
State-by-state details
New South Wales
Primary statute: Crimes (Domestic and Personal Violence) Act 2007 (NSW)
Full New South Wales guide →Queensland
Primary statute: Family Law Act 1975 (Cth)
Divorce in Queensland is governed by the federal Family Law Act 1975 (Cth). Applications are filed in the Federal Circuit and Family Court of Australia (FCFCA).
- Queensland's courts handle a significant volume of family law matters. The FCFCA has registries in Brisbane, Cairns, Townsville, Rockhampton, and Mackay.
- Applications can be sole or joint. The only ground for divorce is irretrievable breakdown of the marriage, evidenced by 12 months of separation.
- Queensland has a strong network of Family Relationship Centres (FRCs) funded by the Commonwealth, located across the state, that provide family dispute resolution services.
- The Legal Aid Queensland Family Law section provides advice, duty lawyer services, and representation for eligible Queenslanders in divorce and related matters.
South Australia
Primary statute: Family Law Act 1975 (Cth), Part VI — divorce
Divorce in Australia is governed by federal law — the Family Law Act 1975 (Cth). SA residents file divorce applications with the Federal Circuit and Family Court of Australia, which sits in Adelaide.
- To obtain a divorce, you must demonstrate 12 months of separation. Under section 49 of the Family Law Act, parties can be separated under the same roof provided they can show a genuine breakdown of the marriage.
- Divorce applications can be filed jointly (by both parties together) or solely (by one party). Filing is done through the Commonwealth Courts Portal (comcourts.gov.au).
- The Adelaide Registry of the Federal Circuit and Family Court handles SA divorce matters. Hearings are typically brief and can be conducted without attendance for joint applications where there are no children under 18.
- The Legal Services Commission of SA provides free legal advice on divorce and family law matters. Family Relationships SA and other community organisations offer counselling and mediation services.
Tasmania
Primary statute: Family Law Act 1975 (Cth), Part VI — divorce
Divorce in Australia is governed by federal law — the Family Law Act 1975 (Cth). Tasmanian residents file divorce applications with the Federal Circuit and Family Court of Australia, which sits in Hobart and Launceston.
- To obtain a divorce, you must demonstrate 12 months of separation. Under section 49 of the Family Law Act, parties can be separated under the same roof provided they can show a genuine breakdown of the marriage.
- Divorce applications can be filed jointly (by both parties together) or solely (by one party). Filing is done through the Commonwealth Courts Portal (comcourts.gov.au).
- The Hobart Registry of the Federal Circuit and Family Court handles most Tasmanian divorce matters. Circuit sittings also occur in Launceston and Burnie.
- Legal Aid Tasmania provides free legal advice on divorce and family law matters. Relationships Australia Tasmania and other community organisations offer counselling and mediation services.
Victoria
Primary statute: Family Law Act 1975 (Cth)
Divorce in Australia is governed by the Family Law Act 1975 (Cth). The Federal Circuit and Family Court of Australia (FCFCOA) has registries in Melbourne (Commonwealth Law Courts, 305 William Street) and regional Victorian centres.
- Victorian residents file divorce applications with the Melbourne Registry of the FCFCOA or the relevant circuit location if in regional Victoria.
- The 12-month separation requirement applies. Victorian couples can demonstrate separation under the one roof — especially relevant given Melbourne's high housing costs.
- Victoria Legal Aid provides free assistance with divorce applications for eligible clients, including help with fee exemption applications.
- Victoria also has a network of community legal centres that provide free family law advice, including the Women's Legal Service Victoria, Eastern Community Legal Centre, and Federation of Community Legal Centres (Vic).
Western Australia
Primary statute: Family Law Act 1975 (Cth) — divorce
Divorce in WA is uniquely handled by the Family Court of Western Australia, the only state-level family court in Australia. While other states use the federal FCFCA, WA retained its own family court under the Family Court Act 1997 (WA).
- The Family Court of WA exercises both federal jurisdiction (under the Family Law Act 1975) and state jurisdiction (under the Family Court Act 1997). This means divorce applications in WA are filed with the Family Court of WA, not the FCFCA.
- The substantive law is the same — the only ground for divorce is irretrievable breakdown, evidenced by 12 months of separation. Applications can be sole or joint.
- The Family Court of WA is located in Perth, with circuit courts in regional centres including Bunbury, Albany, Geraldton, Kalgoorlie, Broome, and Karratha.
- Legal Aid WA provides family law advice, duty lawyer services, and representation for eligible Western Australians.
Divorce in other states
Same topic, different jurisdiction. Pick the one that applies to you.