How Long Does a Divorce Take in Australia? Complete Timeline Guide

Legal requirements before applying for divorce

In Australia, a divorce application must be based on the ground that the marriage has broken down irretrievably. The court will only be satisfied of this if the parties have separated and lived separately and apart for a continuous period of not less than 12 months immediately before filing the application. There must also be no reasonable likelihood of resuming married life.

Before you apply, you need to meet residency or citizenship criteria. You can apply if either you or your spouse are an Australian citizen, regard Australia as your home and intend to live here indefinitely, or ordinarily live in Australia and have done so for 12 months immediately before filing. If you married overseas, you can still apply as long as you meet these criteria.

• Marriage must have broken down irretrievably (e1)
• 12 months continuous separation required (e1, e2)
• No reasonable likelihood of reconciliation (e2)
• Residency or citizenship criteria must be met (e4)
• Overseas marriages accepted if criteria met (e5)

The 12-month separation period explained

The 12-month separation period is mandatory and cannot be shortened by mutual agreement. Separation means living separately and apart, but it is possible to be separated while remaining in the same home. This is known as being separated but living under one roof. You will need to provide evidence of this arrangement if you apply before physically moving out.

The separation period must be continuous. If you resume cohabitation for a period, the clock may reset. The court requires proof that the separation has lasted at least 12 months immediately preceding the filing date.

• 12 months continuous separation is mandatory (e1, e2)
• Can be separated under one roof (e3)
• Evidence needed if living together while separated (e3)
• Reconciliation can reset the separation period (e1, e2)

Eligibility criteria: residency and citizenship

To apply for divorce in Australia, at least one party must meet one of the following: be an Australian citizen, regard Australia as home and intend to live here indefinitely, or ordinarily live in Australia and have done so for 12 months immediately before filing. These criteria apply regardless of where the marriage took place.

If you are unsure whether you meet the residency requirements, check the Federal Circuit and Family Court of Australia website or seek legal advice.

• Australian citizen, or (e4)
• Regard Australia as home indefinitely, or (e4)
• Ordinarily resident in Australia for 12 months before filing (e4)
• Overseas marriages accepted (e5)

Sole vs joint applications and service requirements

A divorce application can be made as a sole application by one person or a joint application by both parties. For a sole application, the applicant must serve the application on the respondent. For a joint application, service is not required. The choice affects court attendance requirements and procedural steps.

If you make a sole application, you are the applicant and your spouse is the respondent. Only the applicant signs. You must serve the sealed application on the respondent. In a joint application, both parties sign and no service is needed.

• Sole application: one applicant, service required (e12, e13)
• Joint application: both parties apply, no service needed (e12, e13)
• Service rules differ for sole vs joint (e13)

Preparing and filing your divorce application

Applications for divorce should be eFiled online using the Commonwealth Courts Portal. You must provide a copy of your marriage certificate; if it is not in English, you need to file an Affidavit translation of marriage certificate attaching both the original and the translation. The filing fee is $1,125, or a reduced fee of $375 if you are eligible (for example, if you hold a health care card).

If you have been married for less than two years, you will need to attend counselling with a family counsellor and file a counselling certificate, or get permission from the court to apply without it. Before a divorce can be granted, the court must be satisfied that there are no children under 18, or that satisfactory arrangements are in place for them, or that there is a good reason to grant the divorce even if arrangements are not satisfactory.

• eFile via Commonwealth Courts Portal (e19)
• Marriage certificate required; translation if not English (e16)
• Filing fee $1,125 or reduced $375 if eligible (e18)
• Short marriages (<2 years) need counselling certificate (e15)
• Court must be satisfied about children's arrangements (e17)

Court hearing: attendance requirements and scheduling

Whether you need to attend court depends on whether the application is joint or sole, and whether you have children under 18. For a joint application with no children under 18, attendance is usually not required. For a sole application, or if there are children under 18, you may need to attend. The court may not make an order at the first hearing and may require more information, which can involve an adjournment. If your application is deficient or the Registrar has questions, you may be asked to provide more information, which may involve an adjournment if you are required to file more evidence.

Hearing dates are allocated by the court registry. Wait times vary by registry and are not fixed nationwide.

• Attendance depends on application type and children under 18 (e14)
• Joint application, no children: usually no attendance (e14)
• Sole application or children under 18: may need to attend (e14)
• Court may adjourn for more information (e10, e11)
• Hearing wait times vary by registry (gap)

What happens at the divorce hearing

At the hearing, the registrar or judge reviews the application and supporting documents. If satisfied that the legal requirements are met, the court will make a divorce order. The court may ask questions about the separation, arrangements for children, or service of documents. If the court needs more information, it may adjourn the hearing.

The hearing is generally brief. If the order is made, it does not take effect immediately.

• Registrar or judge reviews application (e10)
• May ask about separation, children, service (e10, e11, e17)
• Order made if requirements met (e10)
• Adjournment possible if more information needed (e10, e11)

From hearing to final order: the one-month waiting period

In most cases, the divorce order takes effect one month and one day after the order is made by the court. You must not remarry until the divorce order becomes final. This waiting period is automatic and cannot be waived.

The final order date is the date the divorce becomes legally effective. After this date, you are free to remarry.

• Order effective one month and one day after hearing (e8)
• Cannot remarry until order final (e9)
• Waiting period is automatic (e8, e9)

Obtaining your divorce certificate

After the divorce order becomes final, you can download the divorce order (which serves as the divorce certificate) from the Commonwealth Courts Portal. This document is proof that your marriage has been legally dissolved. Keep a copy for your records, as you may need it for future legal or administrative purposes.

If you are in Western Australia, you need to apply to the Family Court of Western Australia for a divorce, and the process for obtaining the certificate may differ.

• Download final order from Commonwealth Courts Portal (e19)
• Order serves as divorce certificate (e8, e9)
• Western Australia: separate court process (e20)

Property settlement and parenting arrangements: separate timelines

A divorce order does not include parenting or property arrangements; these are separate legal matters. Once a divorce is final, you have 12 months to file an application for financial or property orders; otherwise you will require permission from the Court. Parenting arrangements can be made at any time, but it is best to formalise them through consent orders or a parenting plan.

These processes run on their own timelines and do not affect the divorce timeline itself.

• Divorce order does not cover property or parenting (e6)
• 12 months to file property/financial orders after divorce final (e7)
• Parenting arrangements separate from divorce (e6, e17)
• Consent orders or parenting plans recommended (e6, e17)

Special circumstances: short marriages and living under one roof

If you have been married for less than two years, you will need to attend counselling with a family counsellor and file a counselling certificate, or get permission from the court to apply without it. This requirement is in addition to the 12-month separation period.

If you are separated but living under one roof, you can still apply for divorce. You will need to provide an affidavit explaining the separation arrangements, such as separate finances, sleeping arrangements, and social lives. The court will assess whether the separation is genuine.

• Marriages under 2 years: counselling certificate required (e15)
• Court permission can waive counselling requirement (e15)
• Separated under one roof: affidavit evidence needed (e3)
• Court assesses genuineness of separation (e3)

Western Australia: different court process

If you are in Western Australia, you need to apply to the Family Court of Western Australia for a divorce. The Federal Circuit and Family Court of Australia does not handle divorces for WA residents. The forms, fees, and procedures may differ, so check the Family Court of Western Australia website for current requirements.

The 12-month separation requirement and other legal grounds remain the same under the Family Law Act 1975 (Cth).

• WA residents apply to Family Court of Western Australia (e20)
• Different forms, fees, and procedures (e20)
• Same legal grounds under Family Law Act (e1, e20)

Fees, fee reductions and payment

The filing fee for a divorce application is $1,125. A reduced fee of $375 is available if you are eligible, for example if you hold a health care card, pensioner concession card, or meet other financial hardship criteria. You can check eligibility on the Federal Circuit and Family Court of Australia website under Guidelines for fee reduction. Payment is made online when you eFile your application.

Fee reductions apply to the filing fee only; other costs such as service fees or legal advice are separate.

• Standard filing fee $1,125 (e18)
• Reduced fee $375 if eligible (e18)
• Eligibility includes health care card holders (e18)
• Payment online via Commonwealth Courts Portal (e19)

Common delays and how to avoid them

Common delays include incomplete applications, missing marriage certificates or translations, insufficient evidence of separation (especially if living under one roof), failure to serve documents correctly in a sole application, and not meeting the counselling requirement for short marriages. The court may adjourn the hearing if more information is needed.

To avoid delays, ensure your application is complete, all documents are attached, service is properly effected (if required), and you attend counselling if married less than two years. Double-check residency criteria and children's arrangements before filing.

• Incomplete applications or missing documents (e11, e16)
• Insufficient separation evidence (e3, e11)
• Service errors in sole applications (e13)
• Missing counselling certificate for short marriages (e15)
• Court adjournments for more information (e10, e11)

Frequently asked questions about divorce timelines

The minimum separation period is 12 months. You cannot get divorced faster than this, even by mutual agreement. After filing, the time to a hearing varies by court registry. The divorce order takes effect one month and one day after the hearing. You can download the final order (certificate) from the portal after it becomes final. Property settlement and parenting arrangements are separate and do not delay the divorce itself, but you have 12 months after the divorce is final to file property orders without court permission.

If you have further questions, consider speaking with a family lawyer or visiting the Federal Circuit and Family Court of Australia website. You can also explore divorce lawyers, compare, nsw, vic, and qld.

• Minimum 12 months separation (e1, e2)
• Cannot bypass 12-month requirement (e1, e2)
• Hearing wait times vary by registry (gap)
• Order final one month and one day after hearing (e8, e9)
• Property/parenting separate; 12-month limit for property orders (e6, e7)

Frequently asked questions

What is the minimum separation period for divorce in Australia?

The minimum separation period is 12 months. You must have lived separately and apart for a continuous period of at least 12 months immediately before filing the application, and there must be no reasonable likelihood of resuming married life.

How long after filing does a divorce hearing take?

Hearing wait times vary by court registry and are not fixed nationwide. The court allocates a hearing date after your application is accepted. Check with the Federal Circuit and Family Court of Australia or the Family Court of Western Australia for current estimates.

Can you get divorced faster than 12 months in Australia?

No. The 12-month separation period is mandatory and cannot be shortened by mutual agreement or any other means. The court will only grant a divorce if satisfied the separation has lasted at least 12 months.

What happens at a divorce hearing in Australia?

The registrar or judge reviews your application and supporting documents. They may ask questions about the separation, arrangements for children, or service of documents. If satisfied, the court makes a divorce order. If more information is needed, the hearing may be adjourned.

How long does it take to get a divorce certificate?

After the hearing, the divorce order takes effect one month and one day later. Once final, you can download the order (which serves as the divorce certificate) from the Commonwealth Courts Portal.

Does property settlement affect divorce timeline?

No. A divorce order does not include property or parenting arrangements; these are separate legal matters. The divorce timeline is not affected by property settlement, but you have 12 months after the divorce is final to file property orders without needing court permission.

Important information

This article provides general information only and is not legal advice. Consider obtaining advice from a qualified Australian legal professional about your circumstances.