What You Need to Know and How to Apply
Divorce is the legal process of ending a marriage. In Australia, getting a divorce doesn’t need to be complicated—but there are some rules you need to follow. This page explains the basics in plain English.
What Is Divorce?
Divorce is the legal way to end a marriage. It doesn’t deal with property or parenting—that’s handled separately. Divorce simply means your marriage is over in the eyes of the law, and you’re free to remarry if you choose.
You can apply for divorce even if your ex doesn’t agree, as long as you meet the legal requirements.
How to Apply for Divorce
You apply through the Federal Circuit and Family Court of Australia.
You can:
Apply on your own (a sole application), or
Apply together with your ex (a joint application)
You’ll need:
A copy of your marriage certificate
Proof that you’ve been separated for at least 12 months
To pay a court fee (some people can apply for a reduced fee)
If you were married overseas, that’s okay—as long as your marriage is legally recognised in Australia and either you or your ex is living in Australia.
No-Fault Divorce Explained
Australia has a no-fault divorce system. That means the Court doesn’t ask who caused the breakup or what went wrong.
The only reason needed for a divorce is that the marriage has broken down beyond repair.
You don’t need to prove cheating, abuse, or anything else. If you’ve been separated for 12 months, that’s all the Court needs to know.
The 12-Month Separation Rule
You must be separated for at least 12 months before you can apply for divorce.
You can still be living in the same house during this time—this is called “separation under one roof”—but you’ll need to show that you were living separate lives.
Example
Lisa and Mark separated in January 2024 but kept living in the same home due to financial stress. They slept in different rooms, cooked their own meals, and told friends and family they had split. In January 2025, Lisa applied for divorce on her own. Even though they shared a house, the Court accepted the separation because the relationship had clearly ended.
After the Divorce Is Granted
Once approved, your divorce becomes final one month and one day later.
Important: If you need to divide property or ask for spousal maintenance, you must start that process within 12 months of your divorce being final. After that, you’ll need special permission from the Court.
Need Help Understanding the Process?
Divorce can feel overwhelming—but knowing the steps can help you stay in control.
At Aussie Divorce, we explain the legal process in simple, everyday language—so you can move forward with confidence and clarity. with this content?
