We represent clients in divorce proceedings, ensuring you obtain your divorce certificate before Australian courts.
In Australia, divorce is handled by the Federal Circuit and Family Court under a no-fault system: the court does not apportion blame for the breakdown of the marriage, and you do not need to prove anyone did wrong. The only ground for divorce is that the marriage has broken down irretrievably, which in practice means the parties have been separated for 12 continuous months. Once you qualify, you file the application, arrange service where required, attend a short hearing or seek exemption, and the court issues a divorce order that legally ends the marriage.
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You or your spouse must be at least one of the following: an Australian citizen; a person who regards Australia as home; or ordinarily resident in Australia for the 12 months before filing (in practice, courts usually require at least 10 months of actual residence within that period).
The marriage has broken down irretrievably and you have been separated for 12 continuous months. Separation under one roof counts, but requires additional proof; a single reconciliation of no more than 3 months can be excluded and the separation periods combined.
Certificates not in English must be accompanied by a certified translation.
If there are children under 18, the application must state their living, care, and financial arrangements.
Joint and sole applications follow the same framework; the only differences are which form you file at step 3 and whether service is required at step 4:
Check the four items above, focusing on the 12-month separation and your Australian residence link.
Marriage certificate (and certified translation), evidence of separation, and details of child arrangements; for separation under one roof, a supporting affidavit as well.
Lodge the Application for Divorce with the Federal Circuit and Family Court, choosing a joint or sole application, and pay the filing fee.
The application must be served on your spouse so they have an opportunity to respond; the court can only proceed once service, or substituted service under court rules, is complete.
In most cases you will not need to attend court; a hearing is only required when the parties dispute the application.
The court grants a divorce order, which becomes final one month later, legally ending the marriage.
Book a confidential consultation: tell us about your situation and we will help you choose the right path and prepare all the application documents.
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One-line answers, with the details in the linked articles.
Yes, if you can show the marital relationship has genuinely ended: separate routines, separate finances, and no social life as a couple.
Separation Standards in Australia: The Legal Truth About Living Under One RoofYes. If you meet the Australian divorce requirements you can apply here; non-English certificates need a certified translation.
Married Overseas? Is Your Marriage Legal in Australia?No. While your first marriage continues, a new one amounts to bigamy, and the consequences are more serious than most people expect.
Accidentally Married Twice in Australia: Is It Bigamy?Divorce itself does not sort out money or property. These matters must be pursued within their time limits.
Day 0
The marriage has not yet legally ended.
+1 month
A divorce order takes effect one month after it is made, and you may only lawfully remarry once it has taken effect.
+12 months
Finalise property settlement or start court proceedings within 12 months of divorce (2 years after separation for de facto couples). Spousal maintenance is also safest to claim within 12 months. After that, you need the court's leave.
ANY TIME BEFORE THE DEADLINE
The court uses a four-step process: identify the assets, assess contributions, consider future needs, and decide whether the result is just and equitable.
How Australian Courts Divide Property: The Four-Step ProcessBeyond direct negotiation, mediation, disclosure applications, and court subpoenas are three legal avenues that keep things moving.
Ex-Partner Delaying Property Settlement? 3 Legal Options in AustraliaNo, Australia has a no-fault divorce system. The court only considers whether the divorce application requirements are met, not reasons such as infidelity or incompatibility.
Separation need not be continuous: if you briefly attempted reconciliation, a reconciliation of no more than 3 months can be excluded and the separation periods before and after combined, but the reconciliation time itself does not count, and only one reconciliation is allowed.
Section 50, Family Law Act 1975Where you are physically located when applying for divorce does not matter, as long as you meet the divorce requirements.
Both parties agree to divorce and sign the documents without any objections. The process is simple, requires no service of documents, no court attendance, and typically carries the lowest risk.
See: Joint Divorce in Australia: Requirements, Process & CostsOnly one party applies for divorce; the other has not signed the application. The applicant must then "serve" the documents on the other party before the court can grant the divorce.
See: Sole Divorce Application Australia: Process & FAQNot necessarily. A cooperative joint application can be done yourself. But if you are applying solely and must serve your spouse, your spouse is overseas, you separated under one roof and need affidavits, or you also need to sort out property and parenting arrangements, a divorce lawyer can stop the application being rejected and make sure later time limits are not missed.
No, whether it's a joint or sole divorce application, if both parties have no dispute about the divorce application content, court attendance is not required.
Yes, the application form must state the child's residence, care, and expense arrangements to ensure proper arrangements for children after parents divorce.
After submitting the divorce application, under smooth circumstances, you can typically receive the divorce certificate within 3 months.
The Australian divorce certificate is a court Divorce Order, not a certificate like a marriage certificate. The Divorce Order is only available for electronic download, with no paper mail option.
The divorce order takes effect one month after it is made, and remarriage is only lawful after that. See "After the divorce order" above.
In most cases yes, but Hague Apostille certification is required.
It does not affect the divorce application itself, but it may impact child custody or property division matters.
It may affect spouse-related visas, such as partner visas or dependent applicant visas.
No, divorce only legally ends the marriage. Property division, child support, and child custody are separate processes that are not automatically resolved by divorce.
See: How Australian Courts Divide Property: The Four-Step ProcessFor married couples, within 12 months after divorce. For de facto relationships, within 2 years after separation.
See: How Long After Separation Can You Claim Property in Australia?Explore more case studies and professional insights
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