Divorce in Australia: Understanding the Process

Divorce in Australia is governed by the Family Law Act 1975 (Cth), and as family lawyers, we guide clients through this process, ensuring they understand the legal requirements and their rights.
The sole ground for divorce in Australia is the irretrievable breakdown of the marriage, evidenced by a 12-month separation period. This 'no-fault' system removes the need to prove wrongdoing, focusing instead on the relationship's end.
The divorce process typically involves filing an application with the Federal Circuit Court (or Family Court in certain circumstances). This can be done jointly by both parties or by one party alone. The application must state that the parties have been separated for at least 12 months and that there is no reasonable likelihood of reconciliation.
Once the application is filed, it must be served on the other party, along with a copy of the marriage certificate. If the application is uncontested, the Court will usually grant a divorce order without requiring the parties to attend a Hearing. However, if there are children under 18, the Court may require evidence that proper arrangements have been made for their care.
The divorce order becomes final one month after it is granted, at which point the marriage is legally dissolved. It's important to note that divorce does not automatically resolve issues of property division or spousal maintenance; these matters need to be addressed separately through agreement or Court Orders.





