How To Get A Divorce In Australia
Learn everything you need to know about how to get divorced, with Cudmore Legal's trusted divorce lawyers.
What is divorce?
Divorce is the dissolution of a marriage under the Family Law Act. Australia operates a no-fault divorce system.
Eligibility
You or your former spouse must be an Australian citizen, live in Australia, or regard Australia as your permanent home — and you must have been separated for twelve months with no likelihood of reconciliation.
What is separation?
All three of the following must apply: one or both parties decide the marriage is over; that decision is communicated; and one or both act on it, by living apart or otherwise demonstrating the relationship has ended.
Remarrying after divorce
You cannot remarry until your divorce is final and has taken effect — divorce orders typically become final one month and one day after they're issued.
Joint vs sole applications
You can apply jointly, where both parties agree, or as a sole applicant, where one party applies alone.
Frequently asked questions
Do I need to go to court?
Court attendance is required for sole applications where there are children under 18. Joint applications with children don't require court attendance.
How long does it take?
Approximately two months from the filing date in the ordinary course, or three to four months where the process is more involved, plus one month and one day after the order is made before it becomes final.
Can the 12-month separation period be shortened?
No — there is no way to shorten it, even in cases involving domestic violence.
What are the grounds for annulment rather than divorce?
Bigamy, a prohibited relationship, lack of consent, non-consummation, an invalid ceremony, or underage marriage.