Introduction
Getting divorced in Australia follows a standardised process under the Family Law Act 1975. This guide covers everything you need to know about divorce in 2025, including the requirements, costs, timeline, and what happens after your divorce is finalised.
Key Requirements for Divorce in Australia
12-Month Separation Period
The fundamental requirement for divorce in Australia is that you must have been separated for at least 12 months before you can apply. This applies regardless of how long you were married.
Important: Separation can occur while living under the same roof. You don't need to live in separate houses, but you do need to demonstrate that the marital relationship has ended.
Valid Marriage
Your marriage must be legally recognised in Australia. Marriages conducted overseas are generally recognised if they were valid under the law of that country.
Jurisdiction
You or your spouse must be:
The Divorce Process
Step 1: Separation
The 12-month separation period begins from the date you and your spouse began living separately and apart. If you separated and reconciled for less than 3 months, that reconciliation period doesn't restart the clock.
Step 2: Filing the Application
You can file:
Applications are filed online through the Commonwealth Courts Portal.
Step 3: Service (Sole Applications Only)
If you file alone, you must serve the divorce papers on your spouse at least 28 days before the hearing date (42 days if they're overseas).
Step 4: Hearing
- No children under 18: You may not need to attend. The divorce can be granted "on the papers."
Step 5: Divorce Order
If the court is satisfied the requirements are met, it grants a divorce order. The divorce becomes final one month and one day after the hearing.
Costs
Court Filing Fee
- Standard fee: $1,060
Legal Costs (Optional)
Many people file for divorce without a solicitor. If you use one:
What Divorce Does NOT Cover
A divorce order only ends your marriage. It does NOT:
- Divide your property
These are separate matters that require separate applications or agreements.
Timeline Summary
| Stage | Timeframe |
| ------- | ----------- |
| Separation period | 12 months |
| Filing to hearing | 3-4 months |
| Hearing to final order | 1 month + 1 day |
| Total minimum | 16-17 months |
Property Settlement Time Limit
Important: Once your divorce is finalised, you have only 12 months to apply to the court for property settlement (unless you get the court's permission to apply late).
Frequently Asked Questions
Can I get divorced if my spouse won't agree?
Yes. You can file a sole application and have the papers served on your spouse. Their agreement is not required.
What if I can't find my spouse?
You can apply to the court for substituted service (serving via email, social media, etc.) or dispensation of service.
Do I need to prove fault?
No. Australia has a no-fault divorce system. The only ground is irretrievable breakdown shown by 12 months separation.
Disclaimer
This article provides general information only. It is not legal advice. For advice about your specific situation, consult a qualified solicitor.