Key takeaway: In Australia, you cannot apply for divorce until you have been separated for at least 12 months. After applying, the court typically grants a divorce order within 28–90 days. The divorce itself takes a minimum of about 13–14 months from the date of separation. Importantly, divorce only ends the marriage — it does not resolve property settlement or parenting arrangements, which should be dealt with separately and urgently.
The 12-month separation rule
Under the Family Law Act 1975, the only ground for divorce in Australia is the irretrievable breakdown of the marriage, evidenced by 12 months of separation. There is no requirement to prove fault, adultery, or any specific conduct. The sole question is whether you have been separated for at least 12 months.
"Separation" does not require living in separate houses. Couples can be "separated under one roof" — still living at the same address but no longer in a marital relationship. In these cases, you must provide evidence of separation to the court, such as a statutory declaration from someone who knew you as a couple and is aware of the separation.
If you reconcile and then separate again within the 12 months, the time apart can be combined as long as no single period of reconciliation exceeded three months. If reconciliation exceeded three months, the 12-month clock starts again.
While the divorce application is processing, your property settlement and parenting arrangements need attention — don't leave these until after the divorce. Talk to us now.
Book a free consultation →How to apply for divorce
Divorce applications in Australia are made through the Federal Circuit and Family Court of Australia (FCFCOA) via the Commonwealth Courts Portal. The application can be made jointly (both parties apply together) or by one party (a sole application). A joint application is simpler as service requirements are different.
The application requires:
- Your marriage certificate (original or certified copy)
- Evidence of Australian citizenship or residency (if not evident from the marriage certificate)
- Evidence of the date and circumstances of separation if you lived under one roof
- Arrangements for children under 18 (the court must be satisfied these are adequate)
- Payment of the filing fee (see the FCFCOA fee schedule — filing fee concessions apply for Health Care Card holders)
How long does the court take to process a divorce?
Once your application is filed and properly served on your spouse (for sole applications), the court lists the matter for a divorce hearing or considers it on the papers. Current processing times from filing to divorce order are typically 28–90 days, though this varies with court workloads. You can track your application status through the Commonwealth Courts Portal.
The divorce order does not take effect immediately — it takes effect one month and one day after it is made by the court. So from filing to a divorce becoming final, allow approximately 2–4 months.
Do you need to attend a hearing?
Many divorce applications are dealt with on the papers without the need to attend a hearing. You must attend a hearing if:
- You made a sole application and there are children of the marriage under 18
- You wish to contest the divorce (rare — the sole ground is irretrievable breakdown, so most divorces are uncontested)
- The court requires clarification of the arrangements for children
Joint applications generally do not require attendance at a hearing. For sole applications with no children, attendance is typically not required.
Full divorce timeline
| Stage | Timeframe from separation |
|---|---|
| Date of separation | Day 0 |
| Earliest you can apply for divorce | 12 months |
| Application filed and served | 12–13 months |
| Divorce hearing / court considers papers | 13–16 months |
| Divorce order made | 13–16 months |
| Divorce order takes effect (final) | 14–17 months |
Total minimum time from separation to final divorce: approximately 13 months (if everything proceeds without delays). A realistic expectation for most people is 14–18 months from separation to a final divorce order.
The divorce timeline is fixed by law — but property settlement and parenting can and should be resolved much sooner. Our mediators can help you reach agreement well before the divorce is finalised.
Start the conversation today →Why property settlement is urgent — even before divorce
This is one of the most important points many separating couples miss: divorce and property settlement are entirely separate legal processes. You can finalise a property settlement at any time after separation — you do not need to wait for the divorce. In fact, waiting is dangerous.
Once a divorce order is made, you have only 12 months to apply to a court for property orders. After that, you need leave of the court to proceed — and leave is not always granted. Many people lose significant property entitlements because they waited until after the divorce and then found themselves out of time.
The smart approach: begin property settlement negotiations through mediation as soon as both parties are ready — ideally well within the first 12 months of separation, and certainly well before the divorce is finalised.
What about parenting arrangements?
Like property settlement, parenting arrangements are entirely separate from the divorce process. The court that handles divorce (FCFCOA) also handles parenting disputes, but as separate proceedings. Parenting arrangements can — and should — be established as soon as possible after separation, regardless of where the divorce application is up to.
Mediating parenting arrangements early creates stability for children and prevents conflict from escalating. An agreement reached in mediation can be formalised as a Parenting Plan or as Consent Orders with the court.
De facto couples — no divorce needed
De facto couples in Australia do not apply for divorce — because they were never legally married. Instead, they may need to apply for property orders or spousal maintenance orders, subject to the same time limits: 2 years from the end of the de facto relationship. There is no equivalent of the 12-month waiting period for property or parenting matters for de facto couples, though the property framework is otherwise very similar to that for married couples.
Frequently asked questions
Can I divorce if I don't know where my spouse is?
Yes. If you cannot locate your spouse to serve them with the divorce application, you can apply to the court for substituted service (service by another method, such as posting to a last known address or serving a relative) or for dispensation with service. The court has a process for this.
Can my spouse contest the divorce?
In Australia, a spouse cannot contest the divorce on the basis that they do not want to be divorced — the only ground is irretrievable breakdown evidenced by 12 months' separation. A spouse can contest the divorce if they dispute that 12 months of separation has occurred, or if they dispute the adequacy of arrangements for children. True contested divorces are rare.
Do I need a lawyer for the divorce application?
No. Many people apply for divorce themselves through the Commonwealth Courts Portal without a lawyer. The application process is relatively straightforward. However, a lawyer can help ensure the application is properly completed and served, which avoids delays from procedural errors.
What happens to my will and superannuation after divorce?
A divorce order revokes any gift to a former spouse under a will made before the divorce, and any appointment of a former spouse as executor. Your will does not automatically update in all respects — get legal advice and update your will and superannuation beneficiary nominations promptly after separation, not after the divorce.
What if I remarry before the divorce is finalised?
Remarrying before a divorce is finalised is bigamy — a serious criminal offence. Do not enter a new marriage until your divorce order has taken effect (one month and one day after the divorce order is made).
Related guides
- cost of divorce in Australia
- property settlement in family law
- consent orders
- applying for divorce in Australia
- family mediation
Official divorce information and filing: Federal Circuit and Family Court of Australia. For ABS marriage and divorce statistics, see ABS Marriages and Divorces, Australia.