Do both spouses have to agree to a divorce?

No. Either spouse can file a sole application, and the court does not consider who was at fault. The other spouse can stop the divorce only by showing that the couple has not been separated for 12 months or that there is a reasonable likelihood of getting back together.

Can you get divorced if you were married overseas?

Yes, if either spouse is an Australian citizen, regards Australia as their permanent home, or ordinarily lives in Australia and has done so for 12 months before filing. A marriage certificate in another language needs an accredited translation and a translator's affidavit.

Do you still need counselling if you were married less than 2 years?

No. The requirement to file a counselling certificate for marriages of less than 2 years ended on 10 June 2025. All applicants now need only show at least 12 months' separation.

Can you get remarried before the divorce order takes effect?

No. A divorce order takes effect 1 month and 1 day after it is made, and remarrying before then is not possible. It is safer not to set a wedding date until the divorce has taken effect.

Does a divorce end a de facto relationship claim?

A divorce applies only to marriages. De facto couples do not divorce; their property claims must be made within 2 years after the relationship ended, unless the court grants leave.

How to Get a Divorce in Australia: 7 Steps

A divorce in Australia is granted when spouses have been separated for at least 12 months and the marriage has broken down irretrievably, under section 48 of the Family Law Act 1975 (Cth). The application is filed online with the Federal Circuit and Family Court of Australia (FCFCOA), or with the Family Court of Western Australia in WA, and the filing fee is $1,170, or $390 at the reduced rate, as at September 2026.

To start, check the separation date, choose a sole or joint application, and have the marriage certificate ready. If there are children under 18, the court must be satisfied that proper arrangements have been made for them before the divorce can take effect. A divorce does not divide property or decide parenting arrangements; those are separate matters that Family Lawyers in Australia handle alongside the divorce.

What are the requirements for a divorce in Australia?

There are three requirements for a divorce in Australia. The court does not consider who was at fault.

12 months' separation. The spouses must have lived separately and apart for a continuous period of at least 12 months before the application is filed (section 48). The divorce is refused if there is a reasonable likelihood of the spouses resuming married life.
A connection to Australia. At the date of filing, either spouse must be an Australian citizen, regard Australia as their permanent home, or ordinarily live in Australia and have done so for 12 months immediately before filing.
Arrangements for children. If there are children of the marriage under 18, the divorce order does not take effect until the court declares that proper arrangements have been made for their care, welfare and development (section 55A).

Before 10 June 2025, couples married for less than 2 years also needed a counselling certificate. That requirement no longer applies.

How to get a divorce: 7 steps

Step 1: Confirm the separation date

Firstly, confirm the date the marriage ended and that 12 months have passed since then. Separation can happen by the actions of one spouse only (section 49). Couples who reconcile once for up to 3 months can add the periods of separation before and after the reconciliation together (section 50). For example, 4 months apart, just under 3 months back together and 8 more months apart counts as 12 months' separation.

Step 2: Choose a sole or joint application

Secondly, decide who applies. A joint application is signed by both spouses and does not need to be served. A sole application is filed by one spouse and must be served on the other.

Step 3: Gather the documents

Thirdly, collect the supporting documents:

the marriage certificate, or an affidavit explaining why it is not available;
an accredited translation and a translator's affidavit, if the certificate is not in English;
supporting affidavits, if the spouses separated under one roof;
details of the children under 18, including where they live, their schooling, health and financial support.

Step 4: File the application and pay the fee

Fourthly, file the Application for Divorce online through the Commonwealth Courts Portal and pay the fee. The fee is $1,170, or $390 for eligible applicants, as at September 2026. For a joint application, both spouses must qualify for the reduced fee. In WA, the application goes to the Family Court of Western Australia through its own online service, at the same fee.

Step 5: Serve the other spouse (sole applications)

Fifthly, a sole applicant must have the application served on the other spouse at least 28 days before the hearing, or at least 42 days before if the spouse is overseas. The applicant cannot hand the documents over personally; service is by post with an Acknowledgment of Service, or by hand through another adult or a process server. Proof of service is filed with the court. If the other spouse cannot be found, the court can order substituted service or dispense with service.

Step 6: Attend the hearing

Sixthly, attend the divorce hearing, which is usually held electronically and takes a few minutes before a registrar. A sole application is listed at least 42 days after filing if the other spouse is in Australia, or at least 56 days after if they are overseas. Joint applicants can ask for the application to be heard without attending. A sole applicant can make the same request if the application is undefended and the other spouse does not object (section 98A); otherwise the applicant attends.

Step 7: Wait for the divorce order to take effect

Seventhly, the divorce order takes effect 1 month and 1 day after it is made (section 55). This is the actual date of divorce. The court can shorten the period in special circumstances, and an appeal delays it. Neither spouse can remarry until the order takes effect.

How long does a divorce take in Australia?

A divorce in Australia takes at least 12 months of separation, then at least about 10 weeks from filing for a sole application: 42 days to the hearing plus 1 month and 1 day for the order to take effect. The table shows the minimum periods.

Stage	Minimum time	Source
Separation before filing	12 months	Section 48, Family Law Act
Filing to hearing (sole application, spouse in Australia)	42 days	FCFCOA divorce practice direction
Filing to hearing (sole application, spouse overseas)	56 days	FCFCOA divorce practice direction
Service before the hearing	28 days (42 days overseas)	Family Law Rules 2021
Hearing to divorce taking effect	1 month and 1 day	Section 55, Family Law Act

Court listing dates depend on the registry's workload, so these are minimums. Problems with service or the children's arrangements add further hearings.

Can you divorce while living under the same roof?

Yes. Spouses can be separated while living in the same home (section 49(2)). The court looks at whether they share a bedroom, meals, money and household tasks, and whether family and friends regard them as separated. The applicant files supporting affidavits to prove the separation.

What if you are served with a divorce application?

A spouse who is served has three options: do nothing, sign the Acknowledgment of Service, or file a Response to Divorce. A response opposing the divorce must be filed within 28 days of service, or 42 days if served overseas, and both spouses must then attend the hearing. The only grounds to oppose are that the couple has not been separated for 12 months or that there is a reasonable likelihood of reconciliation. A spouse who agrees with the divorce but disputes facts in the application files an affidavit at least 7 days before the hearing.

Is the process different in Western Australia?

The steps are the same, but the court is different. In WA, divorce applications are filed with the Family Court of Western Australia, which also hears parenting and property matters. The divorce requirements come from the same Family Law Act, and the WA filing fee matches the FCFCOA fee of $1,170, or $390 reduced, as at September 2026.

What does a divorce not decide?

A divorce ends the marriage but does not divide property, set parenting arrangements or assess child support. It does start a deadline: married couples must apply for property orders within 12 months after the divorce takes effect (section 44(3)). After that, the court's permission is needed and is granted only on hardship grounds. Property orders can be made before a divorce, so many couples finalise property first.

Property Settlement After Separation explains the 12-month limit and the court's four steps.
Parenting Orders in Australia covers parenting plans, consent orders and court orders.
How Much Does a Divorce Cost in Australia? sets out court fees and legal fee ranges.

When to speak to a family lawyer about a divorce

Speak to a family lawyer before filing if the other spouse cannot be found, if you separated under one roof, if the other spouse opposes the divorce, or if property or parenting arrangements are unresolved. A lawyer can advise whether to settle property before the divorce starts the 12-month clock. Compare Family Lawyers in Australia, or go straight to Family Lawyers in Sydney, Family Lawyers in Melbourne, Family Lawyers in Brisbane or Family Lawyers in Perth, where matters go to the Family Court of Western Australia.