Divorce
A divorce is the legal end of a marriage other than by the death of a spouse.
In Australia, a divorce is granted on a no fault basis. This means you don’t need to show to the court who was at fault for the breakdown of your marriage. You only need to show that your marriage has irretrievably broken down and you have been separated for at least 12 months.
If you have decided to separate from your spouse, it is important that you understand how to apply for or respond to an Application for Divorce.
This topic has information about:
Your safety is important. If you feel unsafe or are experiencing any violence, contact the police, a domestic violence counsellor or get legal advice.
This information can be used to apply for a divorce or respond to an application in any State or Territory in Australia. However, if you don’t live in New South Wales, you should check to see if the process is different in your State or Territory.
If you want to apply for a Decree of Nullity (also known an as annulment), you should get legal advice. A Decree of Nullity is a court order that there was no legal marriage between the parties, even though a marriage ceremony may have taken place. For more information, see 
Nullity (Invalid marriage) on the Federal Circuit and Family Court of Australia website.
Parenting, property, maintenance and child support
The law deals with divorce separately to parenting, property, maintenance and child support.
You have 12 months from the date your divorce is finalised to apply to the court for Property or Maintenance Orders. There is no time limit to apply for Parenting Orders for children under the age of 18 years.
If you need to negotiate with your spouse about parenting, property, maintenance, or child support, you should get legal advice.
This section covers:
- parenting
- property
- maintenance
- child support.
For more information, see Parenting, property, maintenance and child support.
When you can apply for a divorce
To apply for a divorce in Australia:
- you must be legally married
- your marriage must have broken down irretrievably
- you must have been separated from your spouse for at least 12 months
- you or your spouse must be an Australian citizen or have been living in Australia for at least the last 12 months prior to filing
- you and your spouse must make appropriate arrangements for the care of any child of your relationship, if relevant.
This section covers:
- de facto relationships
- Aboriginal customary marriages
- no fault divorce
- who can apply for a divorce in Australia
- overseas marriages
- 12 month minimum separation period
- children.
For more information, see When you can apply for a divorce.
Applying for a divorce
If you want to apply for a divorce, you can file a:
- joint application – if you and your spouse agree to get a divorce, or
- sole application.
An Application for Divorce should be filed online via the Commonwealth Courts Portal. A divorce hearing is held in the Federal Circuit and Family Court of Australia.
If you can’t file your application online, you should get legal advice.
Currently, same-sex couples can’t file an Application for Divorce online. To file an application, contact the Family Law National Enquiry Centre.
This section covers:
- getting your supporting documents
- preparing your Affidavit
- applying for a Divorce Order
- applying for a fee reduction
- serving your spouse
- applying for Substituted Service Orders or Dispensation of Service Orders
- serving your spouse in prison.
For more information, see Applying for a divorce.
Responding to an Application for Divorce
If you have been served with an Application for Divorce you can:
- send back the Acknowledgement of Service, or
- file a Response to Divorce.
If you agree with your spouse’s Application for Divorce, you don’t have to do anything.
If you were served by post, you may want to send back the Acknowledgement of Service so the court knows you received the application.
If you don’t agree with your spouse’s application, you may want to file a Response to Divorce. You can do this if you want to:
- oppose your spouse’s Application for Divorce, or
- correct any errors or dispute any facts contained in your spouse’s Application for Divorce. You can do this even if you want the divorce to be granted.
If you file a Response to Divorce and oppose the application, you must attend the hearing.
This section covers:
- how to respond
- serving your spouse.
For more information, see Responding to an Application for Divorce.
Going to the hearing
Whether you have to attend the divorce hearing depends if you made a sole or joint application, and if you and your spouse have a child under 18 years old.
You have to attend the divorce hearing if you filed a Response to Divorce opposing the divorce.
This section covers:
- when you have to attend the divorce hearing
- attending by telephone or video link
- preparing for the hearing
- going to the hearing
- safety concerns.
For more information, see Going to the hearing.
Withdrawing your Application for Divorce or Response to Divorce
If you have filed an Application for Divorce but have changed your mind, you can withdraw your application.
If you filed a Response to Divorce and you no longer want to oppose the Application for Divorce or amend any errors in it, you can withdraw your response.
This section covers:
- withdrawing your Application for Divorce or Response to Divorce
- serving your spouse.
For more information, see Withdrawing your Application for Divorce or Response to Divorce.
Divorce Order
After the Judge or Registrar has heard from you and your spouse, they will decide whether to grant a divorce.
If a Divorce Order is made, your divorce will be finalised one month and one day after the hearing, unless there are special circumstances.
A Divorce Order is sometimes called a Divorce Certificate.
This section covers:
- when a Divorce Order will be made
- getting a copy of a Divorce Order.
For more information, see Divorce Order.
After court
If the court has granted your spouse a Divorce Order, you can:
- do nothing
- appeal the decision.
If you want to appeal a Divorce Order, you must file an Application for Review within 28 days before the Divorce Order comes into effect.
You can’t appeal a Divorce Order once it has taken effect.
If you agree with the Divorce Order, you don’t have to do anything. However, there may be consequences to getting a divorce that you should be aware of.
This section covers:
- getting back together
- appealing a Divorce Order
- if your spouse dies before the Divorce Order takes effect
- updating your will
- updating your superannuation beneficiaries
- updating your life insurance beneficiaries
- change of name
- remarrying
- recognition of overseas divorces.
For more information, see After court.
Who's who in court
This section has a picture of what a typical courtroom looks like, who the different people are in the courtroom and where you should sit.
For more information, see Who's who in court.
Forms
This section has instructions, sample forms, letters and notices, and checklists.
For more information, see Forms.
Frequently Asked Questions
This section has answers to common questions that you may have when you separate or are getting a divorce.
For more information, see Frequently Asked Questions.
Last updated: December 2022