Divorce in Australia
Divorce in Australia is a formal legal process that ends a marriage and allows each person to move forward independently. The process starts when you file an Application for Divorce with the Federal Circuit and Family Court of Australia (FCFCOA).
To be granted a divorce, you must show that your marriage has broken down irretrievably, which is proven by living separately and apart for at least 12 months. Once your application is approved, the court issues a Divorce Order that becomes final one month and one day after it is granted. From that date, your marriage is legally over.
Key takeaway: Divorce in Australia is a court-based process that requires a 12-month separation period and a successful application to the Federal Circuit and Family Court of Australia.
Understanding No-Fault Divorce in Australia
Divorce in Australia is based on a no-fault system. This means the court does not look at who caused the breakdown of the marriage or why the relationship ended. The only ground for divorce is that the marriage has broken down irretrievably. You show this by proving you have been separated for at least 12 continuous months.
You can still be considered separated even if you and your former partner live under the same roof, as long as you can show the relationship has ended in a practical and emotional sense.
Key takeaway: For divorce in Australia, you do not need to prove blame or wrongdoing, only that the marriage has permanently ended and you have been separated for a full year.
Who Can Apply for Divorce in Australia?
To apply for divorce in Australia, you or your spouse must meet certain eligibility criteria. At least one of you must:
- Be an Australian citizen by birth, descent, or grant of citizenship, or
- Usually live in Australia and consider it your permanent home, or
- Have lived in Australia for at least 12 months immediately before filing the application.
You also need a valid marriage certificate. If your marriage certificate is not in English, you must arrange a certified translation and provide an affidavit confirming that the translation is accurate.
Key takeaway: You can apply for divorce in Australia if you or your spouse meets the residency or citizenship requirements, and you can provide proper proof of your marriage.
How to Apply for Divorce in Australia
Most people now apply for divorce in Australia online through the Commonwealth Courts Portal. The general steps are:
- Prepare your documents: Collect your marriage certificate and any evidence that supports your separation, especially if you were separated under one roof.
- Complete the application: You can file a sole application by yourself or a joint application together with your former spouse.
- Lodge your application online: File your application through the Commonwealth Courts Portal and pay the filing fee, or apply for a reduced fee if you are eligible.
- Serve the documents (sole applications): If you file on your own, you must arrange for your spouse to be served with the divorce papers at least 28 days before the hearing if they are in Australia, or 42 days if they are overseas.
- Attend the hearing if required: A court appearance may be needed, particularly if there are children under 18 or if there are issues with service or disputed facts.
- Receive your Divorce Order: If the court is satisfied, it will grant a Divorce Order, which becomes final one month and one day later.
Key takeaway: Applying for divorce in Australia is largely handled online, but you must follow the court’s steps carefully, especially when it comes to serving documents and providing accurate information.
Divorce in Australia When Children Are Involved
Where there are 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. This covers matters such as:
- Where your children live
- How often they spend time with each parent
- Their schooling and day-to-day routines
- How their financial needs are met
The divorce process in Australia does not itself decide parenting arrangements or custody. Those issues are handled separately through parenting plans, consent orders, or court proceedings, if needed.
Key takeaway: When children are involved in a divorce in Australia, the court must be satisfied that they are reasonably cared for, even though parenting arrangements are dealt with in a separate process.
Finalising a Divorce in Australia
Once the court grants your Divorce Order, it becomes final one month and one day after the date it is made. From that point, your divorce in Australia is complete and you are legally free to remarry if you wish.
However, the divorce does not automatically resolve property division, spousal maintenance, or parenting arrangements. You usually need to deal with these separately, and strict time limits can apply to property settlement and spousal maintenance applications after the divorce becomes final.
Key takeaway: A divorce in Australia is final one month and one day after the order is granted, but financial and parenting issues must be managed separately, often within specific time frames.
By understanding how divorce in Australia works, from eligibility and separation requirements to online applications and post-divorce planning, you can approach the process with more confidence and make informed decisions about your future.
Director of Melbourne Family Lawyers, Hayder manages the practice and oversees the running of all of the files in the practice. Hayder has an astute eye for case strategy and running particularly complex matters in the family law system.
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