Divorce in Australia

To apply for a divorce in Australia, at least one of the following must apply:

• ✦One or both parties is an Australian citizen.
• ✦One or both parties regards Australia as their home and intends to live in Australia indefinitely.
• ✦One or both parties has ordinarily lived in Australia for at least 12 months immediately before filing the divorce application.

If the parties have been married for less than two years, they are generally required to attend counselling and obtain a counselling certificate before applying for divorce, unless an exception applies.

The parties must have been separated for at least 12 months before filing the divorce application. Separation does not necessarily require living in separate residences. Couples may remain living under the same roof while separated. In these circumstances, additional evidence is generally required to establish that the marital relationship ended despite continuing to reside together.

Divorce applications are filed electronically through the Commonwealth Courts Portal. An application may be made: ✦ Jointly, by both parties; or ✦ Solely, by one party.

The application generally requires: ✦ A marriage certificate (or a certified copy). ✦ Information about any children of the marriage who are under 18 years of age. Where a sole application is filed, the applicant must arrange for the other party to be served with the application in accordance with the Family Law Rules, unless an exemption applies.

Where there are children of the marriage under 18 years of age, the Court must be satisfied that proper arrangements have been made for their care, welfare, and development before granting a divorce. A divorce application does not determine parenting arrangements or parental responsibility. Those issues are dealt with separately under Australian family law where necessary.

A divorce legally ends the marriage, but it does not resolve property settlement or spousal maintenance.

In most cases, proceedings for property settlement or spousal maintenance must be commenced within 12 months after the divorce order becomes final. Applications made after this period generally require the Court's permission to proceed out of time.

Obtaining legal advice early can help protect your legal rights and avoid unnecessary complications.

We assist clients with preparing and lodging divorce applications, advising on eligibility requirements, service obligations, and the Court process. Where appropriate, we also provide advice on related family law issues, including property settlement time limits and cross-border matters, to help clients understand their legal rights and obligations.