How to Get a Divorce
If you are wondering how to get a divorce in Australia, the process is quite structured. You apply to the Federal Circuit and Family Court of Australia, show that your marriage has broken down irretrievably, and confirm that you have been separated for at least 12 months.
Once the court grants a Divorce Order, your marriage ends legally one month and one day later.
Key takeaway: To get a divorce in Australia, you must prove a 12 month separation and ask the court to formally end your marriage through a Divorce Order.
The Divorce Process in Australia
The divorce process starts when you file an application with the Federal Circuit and Family Court of Australia. This is how you ask the court to recognise that your marriage has ended.
The law says there is only one ground for divorce, which is the irretrievable breakdown of your marriage. You must show that you have been separated for at least 12 continuous months. Once your application is accepted and the court is satisfied that this requirement is met, it will make a Divorce Order that becomes final one month and one day later.
Key takeaway: The court checks that your marriage has ended and uses a Divorce Order to formally bring it to a close.
No Fault Divorce and Eligibility
Australia has a no fault divorce system. The court is not interested in who caused the separation, or who behaved badly. It focuses on whether the marriage has ended and there is no reasonable chance of reconciliation.
You can still apply even if you and your former partner live in the same home, as long as you can show that you have been living separate lives for at least 12 months. This is known as separation under one roof.
You or your spouse must also meet at least one of these criteria:
- You are an Australian citizen by birth, descent or grant of citizenship
- You usually live in Australia and intend to stay here
- You have lived in Australia for at least 12 months before filing
You will also need a valid marriage certificate, and a certified translation if it is not in English.
Key takeaway: You do not have to prove fault, but you do need a 12 month separation and to meet basic citizenship or residency rules.
Step by Step: How to Apply for Divorce
Most of the process can be handled online, which gives you some flexibility around your own schedule. In general, you will:
- Gather documents: Collect your marriage certificate and any information that shows you have been separated for 12 months, including separation under one roof if that applies.
- Complete the application: Decide whether to file a sole application (on your own) or a joint application with your former partner.
- File online and pay the fee: Lodge your application and supporting documents through the Commonwealth Courts Portal and pay the filing fee. Fee reductions may be available in some situations.
- Serve your spouse (for sole applications): Arrange for your former partner to be given the documents. This must be done at least 28 days before the hearing if they are in Australia, or 42 days if they are overseas.
- Attend a hearing if needed: You may need to attend if there are children under 18, or if there are questions about service or separation.
- Wait for the Divorce Order to take effect: If the court grants your divorce, it becomes final one month and one day later. You can then download the divorce certificate from the portal.
Key takeaway: You can complete the divorce application online, but you must follow the court’s rules about documents, fees, and service so your divorce can be finalised.
Getting a Divorce When You Have Children
If you have children under 18, the court will only grant a divorce if it is satisfied that proper arrangements are in place for their care, welfare, and development.
In your application, you will need to explain:
- Where your children live
- How they spend time with each parent
- Where they go to school or childcare
- How their expenses are being met
The divorce itself does not decide parenting or custody issues. Parenting arrangements are dealt with separately, either through an informal plan, a written agreement, or parenting orders.
Key takeaway: The court needs to know your children are looked after, but parenting arrangements are handled through separate processes.
Separation Under One Roof
You might not be able to move into separate homes straight away. If you stay in the same house but live as separated partners, you may still qualify for a divorce.
To show separation under one roof, you will usually need to explain things like:
- When you stopped sharing a bedroom
- How your finances changed
- Whether you still socialised as a couple
- Who you told about the separation
This is normally done through affidavits filed with your application.
Key takeaway: Living at the same address does not stop you from getting a divorce, as long as you can show you have been living separate lives.
Finalising Your Divorce and Next Steps
Your divorce becomes final one month and one day after the court grants the Divorce Order. From that date, your marriage is legally over and you can remarry if you want to.
However, your divorce does not automatically sort out property, superannuation or spousal maintenance. Those issues are dealt with separately. In most cases, you have 12 months from the date your divorce becomes final to start court proceedings about property or spousal maintenance if you cannot reach agreement.
After your divorce, it is also a good idea to review and update your will, insurance, superannuation nominations and any other documents that still refer to your former spouse.
