Divorce in Australia: What to Expect and How the Process Works

Divorce is rarely just a legal step. For many people, it follows a long period of uncertainty and difficult decisions. Clear information can make the process feel more manageable, especially when emotions and practical pressures are both present.

This guide explains how divorce typically works in Australia, what you may need to prepare, and how divorce connects with parenting and property settlement (which are separate processes).

If you’re also thinking about children or finances, these may help:

What divorce means in Australia

Divorce is the legal process that formally ends a marriage. Australia has a no-fault system — the Court does not decide who caused the breakdown. The key question is whether the marriage has broken down irretrievably.

Divorce is about the legal status of the marriage. It does not, by itself, decide parenting arrangements or property settlement. Those are handled separately (sometimes at the same time, sometimes later).

Do you need a reason to get divorced?

No. You do not need to prove blame, wrongdoing, or fault. The usual requirement is separation for at least 12 months and one day, with no reasonable likelihood of reconciliation.

Separation is about the relationship ending — not necessarily living in separate homes. Some people are separated while still living together, which may require extra evidence.

When can you apply for divorce?

You can apply once you’ve been separated for 12 months and one day and meet eligibility requirements (citizenship / residency). Separation can occur even if you live in the same home — but it can require additional information to demonstrate that the relationship has ended in practice.

Joint application vs sole application

Divorce applications are typically made either jointly (both spouses apply together) or solely (one spouse applies). In many situations, a joint application can reduce procedural friction because both parties are participating.

• Joint application: both parties cooperate; service is generally not required in the same way.
• Sole application: the applicant must usually serve the documents on the other party.
• In both cases, the Court still checks eligibility and separation requirements.

How the divorce process works

• File an Application for Divorce (joint or sole).
• If sole, serve documents on your spouse (service rules can affect timing).
• The Court reviews the application and supporting material.
• If requirements are met, the Court makes a divorce order.
• The divorce becomes final one month and one day after the order is made.

If you’re planning around deadlines, work leave, or property settlement timing, it helps to think in stages: filing → Court decision → finalisation (waiting period).

How long does divorce take?

In many straightforward matters, divorce takes a few months from filing to finalisation. The exact timing depends on Court processing times and whether service is required (in sole applications).

Divorce and children

Divorce does not decide parenting arrangements. Parenting issues (where children live, time spent, decision-making) are handled separately, based on what is in the child’s best interests.

If you’re navigating separation with children, a clear framework can reduce conflict and protect routines:

Divorce and property settlement

Divorce and property settlement are separate processes. You do not need to finalise property matters before divorce. However, the date the divorce becomes final can trigger time limits for property settlement and spousal maintenance in many cases.

Once a divorce is final, there is usually a 12-month time limit to commence property settlement or spousal maintenance proceedings (with some exceptions and nuances).

If you want a broader view of property settlement — what goes in the pool, how outcomes are assessed, and how agreements are formalised — start here:

Practical preparation checklist

Even when divorce itself is straightforward, preparation can prevent delays. Consider:

• Confirm your separation date (and whether separation under one roof applies).
• Decide whether a joint or sole application is realistic.
• If sole, plan for service (and any practical complications).
• If children are under 18, ensure the application accurately reflects arrangements.
• If property/financial matters are pending, note key time limits and next steps.

Frequently asked questions

Do I need to finalise property settlement before I divorce?

Not usually. Divorce and property settlement are separate processes. However, once a divorce becomes final, time limits may apply to starting property settlement or spousal maintenance proceedings.

Does divorce decide parenting arrangements?

No. Parenting arrangements are handled separately. If children are under 18, the divorce application generally needs to reflect that appropriate arrangements are in place, but divorce itself does not make parenting orders.

Can I be separated while still living together?

Yes. This is often called separation under one roof. It can still count toward the required separation period, but additional evidence is commonly needed to show the relationship ended in practice.