How to Get a Divorce in Australia

The Only Ground for Divorce in Australia

Australia has no-fault divorce. The only ground under the Family Law Act 1975 is the irretrievable breakdown of the marriage, proven by one fact only: the parties have been separated for at least 12 months.

There is no need to prove fault, adultery, or any misconduct.

What Separation Means

You do not need to be living in separate homes. A court can accept separation while living under the same roof — for example, to save money or for children — if the relationship had in fact broken down. A supporting affidavit from a third party is typically required.

How to Apply

Applications are made online at the Commonwealth Courts Portal (comcourts.gov.au):

• Joint application: Both parties apply together. No court hearing required.
• Sole application: One party applies. You must serve the application on your spouse. A hearing is required if there are children under 18.

Filing fee: approximately $1,060 (reduced fee available for financial hardship).

Marriages Under 2 Years

If married for less than 2 years, you must attempt family counselling before applying — or obtain a certificate stating counselling is inappropriate (e.g., due to family violence).

What Divorce Does and Does Not Do

Does: End the legal marriage. You can remarry once the divorce order takes effect (one month after it is made).

Does not: Automatically resolve property division, parenting arrangements, or child support. These are separate. Property orders must be made within 12 months of the divorce order — act before the divorce is finalised if you haven't already.

Timeframe

Uncomplicated applications typically take 3–5 months from filing to the divorce order taking effect.

Key Points

• Separation for 12 months is the only requirement — no fault needed
• You can be "separated" while still living together
• Joint applications do not require a court hearing
• Property orders must be made within 12 months of the divorce — don't wait
• Filing fee is approximately $1,060