Free Australian Family Law Resources
Australian Family Law Guides
Free, comprehensive guides to help you understand Australian family law — written in plain English, grounded in the Family Law Act 1975, and designed for people going through separation and divorce.
9+
In-Depth Guides
Free
Full Access
FCFCA
Court-Referenced
12 months — separation required before applying for divorce in Australia
$990 — standard divorce application filing fee ($330 reduced fee available for hardship)
12 months — time limit for married couples to apply for property orders after divorce is finalised
2 years — time limit for de facto couples to apply for property orders after separation
Family Law Act 1975 — the federal legislation governing all family law matters in Australia (except WA for some matters)
FCFCA — the Federal Circuit and Family Court of Australia — processes approximately 100,000 family law matters annually
The Australian Divorce Process — Step by Step
Australia has a no-fault divorce system. The only ground for divorce is irretrievable breakdown of the marriage, established by living separately for at least 12 months. Here is the full process from separation to finalisation.
1
Separate
Legal separation occurs when one or both parties decide the marriage has ended. No formal document is required. You can separate while living under the same roof if you lead separate lives.
2
Live separately for 12 months
Australian law requires 12 months of separation before you can apply for divorce. This is the only ground for divorce in Australia — irretrievable breakdown of the marriage, evidenced by 12 months' separation.
3
Attempt FDR for parenting matters
Before applying to court for parenting orders, you must attempt Family Dispute Resolution (FDR) and obtain a Section 60I certificate, unless an exemption applies (family violence, urgency, etc.).
4
Resolve property matters
Married couples have 12 months from the date divorce is finalised to apply for property orders. De facto couples have 2 years from separation. Reach agreement via private negotiation, consent orders, or BFA, or apply to court.
5
Apply for divorce (if married)
File an Application for Divorce with the FCFCA. Filing fee: $990 (or $330 with a hardship reduction). If there are children under 18, you must attend court. If no children, the application is usually determined on the papers.
6
Finalise parenting arrangements
Formalise parenting arrangements through a Parenting Plan (not legally binding) or Consent Orders (legally binding). If no agreement is possible, apply to court for parenting orders — the court applies the best interests of the child framework.
Comprehensive Guides
Deep dives into the most important areas of Australian family law.
All Australian Family Law Topics
Property & Finances
Property Settlement
Section 79 four-step process, time limits, all asset typesFinancial Disclosure
Form 13.1, what to disclose, consequences of non-disclosureSuperannuation Splitting
Flagging orders, splitting orders, Family Law ValueDe Facto Separation
2-year rule, same-sex rights, property settlementCourt & Process
FDR Preparation
Section 60I, certificate types, exemptions, finding an FRCSelf-Represented Litigant
Going to court without a solicitor, McKenzie FriendsEvidence Organiser
Admissible evidence, affidavits, building a court bundleSafety & High Conflict
High-Conflict Divorce
Family violence, safety planning, court protections, ICLReady to Take Action?
Use Splitifi's free tools to calculate property outcomes, organise your evidence, and prepare for FDR or court.
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Australian Family Law — Key Numbers
Separation required for divorce12 months
Divorce filing fee$990
Reduced filing fee (hardship)$330
Property time limit (married)12 months from divorce
Property time limit (de facto)2 years from separation
FRC initial serviceFirst 3 hours free
Family Law Act1975 (Cth)
Educational Information Only
These guides provide general educational information about Australian family law. They are not legal advice. For advice specific to your situation, consult a family lawyer, Legal Aid, or a Community Legal Centre in your state.
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