Divorce is the legal ending of a marriage. In Australia it is a largely administrative process once you meet the eligibility requirements, but it is easy to underestimate the steps involved, and important to understand what a divorce does, and does not, resolve.
When you are eligible to apply
The sole ground for divorce is that you and your spouse have been separated for at least twelve months and one day, and the court is satisfied there is no reasonable likelihood of reconciliation. You can be separated while still living in the same home, but this generally requires additional evidence to satisfy the court that a genuine separation has occurred.
Joint and sole applications
You can apply jointly with your spouse, or make a sole application. A joint application does not require formal service on the other party, since both of you are already applying together. A sole application generally needs to be formally served on your spouse, which can add complexity if their whereabouts are uncertain or they are avoiding service.
The application process
Divorce applications are filed electronically with the Federal Circuit and Family Court of Australia through the Commonwealth Courts Portal. Where there are children under 18, or where the registrar has concerns about arrangements for children, attendance at a court hearing may be required. Otherwise, many divorces are finalised without either party needing to attend court.
What divorce does not resolve
A divorce order ends the marriage — it does not divide your property or resolve arrangements for children. Those are separate processes. Importantly, once a divorce order takes effect, a strict twelve-month time limit applies to bringing property settlement or spousal maintenance applications, so it is worth having those matters addressed, or at least turned your mind to, before or shortly after your divorce becomes final.
Frequently asked questions
How long do we need to be separated before applying?
At least twelve months and one day, with no reasonable likelihood of reconciliation.
Can we be separated while still living in the same house?
Yes, but you will generally need to provide evidence supporting the separation, since living arrangements alone are not conclusive.
Do I need my spouse’s agreement to apply?
No. You can apply on your own, though a sole application generally needs to be formally served on your spouse.
Will I need to go to court?
Often not, unless there are children under 18 and the registrar has concerns, or there is a dispute about the application itself.
Does getting divorced automatically sort out property and children?
No. Those require separate processes, and strict time limits apply to property and spousal maintenance claims once your divorce is finalised.
Divorce is only one strand of a separation. Our family law overview sets out how property division, parenting arrangements and support run alongside it.
Contact WPI Lawyers for help with your divorce application, and to make sure related time limits for property and support claims are properly protected.