In Australia, a no fault divorce means you do not have to prove that your former partner did anything wrong, like adultery or cruelty, to end your marriage.
The court only needs to be satisfied that your marriage has broken down irretrievably, which is shown by at least 12 months of separation and no reasonable chance of getting back together.
Key takeaway: You can get divorced in Australia without blaming your ex, as long as you have been separated for 12 months and your relationship has clearly ended.
What is no fault divorce in Australia?
No fault divorce was introduced by the Family Law Act 1975. Since then, there has been only one ground for divorce in Australia: the irretrievable breakdown of the marriage. The focus is on whether your relationship has ended, not on who caused the breakdown.
To prove irretrievable breakdown, you must have been separated from your spouse for at least 12 months before filing your application.
You can still be “separated” if you live in the same home, as long as you live separate lives – for example, separate bedrooms, separate finances, and no longer presenting yourselves as a couple.
You can apply on your own (a sole application) or together with your former partner (a joint application), and much of the process is handled online.
Key takeaway: No fault divorce is based on one ground only – that your marriage has broken down irretrievably, shown by 12 months of separation.
How did no fault divorce develop in Australia?
Before the mid-1970s, divorce in Australia was fault-based. You had to prove a specific ground, such as adultery, desertion, drunkenness, or cruelty, and many cases involved long separation periods and uncomfortable evidence about private behaviour. This often made divorce slow, expensive, and emotionally draining.
In 1975, the law changed to introduce no fault divorce, shorten the separation period to 12 months, and create a specialist federal family court. These reforms were designed to reduce conflict, recognise that marriages can simply end, and allow people to move on with more dignity.
Divorce numbers rose sharply at first because couples who had been separated for years were finally able to formalise their position.
Key takeaway: No fault divorce was introduced in 1975 to move away from blame and misconduct and to recognise that some marriages just cannot be repaired.
How does the no fault divorce process work?
From your perspective, the process usually looks like this:
- Separation: You and your spouse separate and remain separated for at least 12 months. This can include being separated under one roof if you can show the relationship ended.
- Preparing the application: You complete a divorce application as a sole or joint applicant, setting out details about your marriage, separation, and children.
- Filing and serving documents: You file the application with the court. For a sole application, you must arrange for your spouse to be formally served with the documents.
- Court consideration: Simple applications, especially without children under 18, may be dealt with without you attending. If there are children or issues about service or separation, a short hearing may be listed.
- Divorce order takes effect: If the court is satisfied your marriage has broken down irretrievably, it grants a divorce order. This usually becomes final one month and one day later.
After your divorce becomes final, you generally have 12 months to start court proceedings about property settlement or spousal maintenance if you cannot reach an agreement.
Key takeaway: The process focuses on your separation period and paperwork, rather than blame, and ends with a divorce order that takes effect one month and one day after it is made.
Does behaviour still matter if divorce is “no fault”?
Even though fault is not a ground for divorce, behaviour can still matter in family law.
For parenting arrangements, the court must consider your children’s best interests and safety. Issues such as family violence, substance abuse, or serious neglect can strongly influence where your children live, how much time they spend with each parent, and what conditions apply.
For property settlement, the court usually looks at contributions and future needs rather than punishing bad behaviour.
However, conduct may still be relevant where, for example, one party has deliberately wasted or destroyed assets, or serious violence has affected the other person’s health or earning capacity.
