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Legal Hotline› Australia› Divorce

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Divorce

A divorce in Australia is one national process: it legally ends your marriage once you've been separated for 12 months. But it's only one piece. Sorting out property and your children are separate matters — with their own deadlines that people leave far too late. Call the free hotline now to find out where you stand and get a family lawyer on it.

Call now — 1800 951 176

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A divorce ends the marriage — it does not divide your property or settle arrangements for your kids. Those are separate, and the clock is ticking: once your divorce becomes final you have just 12 months to apply for a property settlement or spousal maintenance. Miss it and you need the Court's permission to apply at all. Get advice early, not after the divorce comes through.

Divorce at a glance

The law
One national law — the Family Law Act 1975 (Cth) — applies right across Australia
Separation required
You must have been separated for at least 12 months (and a day) with no real likelihood of getting back together
Where you apply
The Federal Circuit and Family Court of Australia, filed online through the Commonwealth Courts Portal
Sole or joint
You can apply on your own (sole) or together with your spouse (joint)
Children under 18
The Court must be satisfied that proper arrangements are in place for any children of the marriage under 18
When it takes effect
The divorce order is usually final one month and one day after the hearing — you can't remarry before then
The deadline that bites
Property settlement and spousal maintenance must be applied for within 12 months of the divorce becoming final

What a divorce actually does (and doesn't)

A divorce is the legal end of your marriage. In Australia it runs on a "no-fault" basis, which means the Court doesn't care who was to blame or why the relationship broke down — it only needs to be satisfied that the marriage has broken down permanently, shown by 12 months of separation. The same law, the **Family Law Act 1975**, applies in every state and territory, and applications go to the **Federal Circuit and Family Court of Australia**.

Here's the part that catches people out: a divorce only ends the marriage. It does **not** divide your money or property, it does **not** sort out spousal maintenance, and it does **not** decide where the children live or how they spend time with each parent. Those are three separate things, and you don't have to be divorced — or even applying for divorce — to deal with them.

Because they're separate, they have their own rules and, critically, their own deadlines. Getting your head around how the pieces fit together is exactly what a quick, free call can do before you commit to anything. Talk it through with a lawyer now →

Can you apply yet?

To apply for a divorce in Australia you generally need to satisfy the Court of a few things:

• that you or your spouse regard Australia as your home (or are an Australian citizen or resident);
• that you've been **separated for at least 12 months and one day**, with no reasonable likelihood of getting back together; and
• that, if there are children of the marriage under 18, proper arrangements are in place for them.

You can apply as a **sole applicant** (just you) or as a **joint applicant** (both of you together). A joint application is often simpler and means neither of you has to be formally served with papers. If you were married for **less than two years**, you used to need a counselling certificate first — but that requirement was removed from 10 June 2025, so it no longer applies.

Not sure whether your separation date counts, or whether you're even eligible yet? That's a two-minute question on the phone, and it can save you filing too early. Talk it through with a lawyer now →

The 12-month separation rule — including "under one roof"

The single requirement for a divorce is 12 months of separation. Separation means more than living in different houses — it's about the relationship ending: living separate lives, with at least one of you intending the marriage to be over, and no real prospect of reconciling.

You can be "separated" even while **still living in the same home**. Many couples can't afford to move out straight away, or stay under one roof for the kids. That's allowed — it's called being **separated under one roof** — but you'll need to show the Court how things changed: separate bedrooms or finances, telling family or friends, splitting up the housework, and so on. In those cases the Court usually wants extra supporting evidence, such as a statement from someone who knew your situation.

A short attempt to get back together won't necessarily reset the clock either, provided it lasted under three months. The detail matters here, and getting your separation date right is the foundation of the whole application — worth a quick check before you file. Talk it through with a lawyer now →

Children under 18 — what the Court needs to see

If there are children of the marriage under 18, the Court won't grant the divorce unless it's satisfied that **proper arrangements have been made for them** — or that there's a good reason to grant it anyway. This is about practical care, not blame: where the children live, their schooling, health, time with each parent, and how they're financially supported.

Important: this is **not** the same as parenting orders. The divorce only asks "are the kids being looked after?" — it does not lock in a custody or time-sharing arrangement. Sorting out parenting properly is a separate process, and unlike property it doesn't carry the same strict 12-month deadline — but leaving it informal and unresolved causes its own problems down the track.

If you've made a sole application and there's a child under 18, you may choose to attend the hearing, though since 10 June 2025 you're no longer required to. A lawyer can tell you quickly what your situation needs. Talk it through with a lawyer now →

Property and maintenance — the deadline most people miss

This is the most important warning on the page. A divorce does **not** divide your assets. Property settlement — who keeps the house, the super, the savings, the debts — is a separate process, and so is spousal maintenance (ongoing financial support).

Once your divorce becomes final, you have **just 12 months** to apply to the Court for a property settlement or spousal maintenance. Miss that window and you need the Court's special permission even to be allowed to apply — and you may be shut out altogether. Far too many people get the divorce through, feel relieved it's "done", and only think about the house and super later, when it's too late.

You don't have to wait for the divorce to sort property — you can do it as soon as you separate, and often that's the smart move. If there's any chance you and your ex have unfinished financial business, get advice **before** the divorce is finalised, not after. Talk it through with a lawyer now →

Common mistakes that cost people

• Treating the divorce as "the end" and forgetting that property and maintenance have a separate 12-month deadline that runs from when the divorce is final.
• Getting the **separation date** wrong, or filing before the full 12 months has passed, and having the application bounced.
• Assuming you can't be separated because you're still living in the same house — you can.
• Leaving parenting and property arrangements as a vague verbal "understanding" instead of something legally enforceable.
• Not realising super, inheritances and debts are all part of a property settlement — not just the house.
• Trying to do everything yourself in a high-conflict situation, when a single call could have flagged the risks early. Talk it through with a lawyer now →

How Legal Hotline helps — right now

Separating is one of the hardest things you'll go through, and the legal side can feel overwhelming. Legal Hotline is a free service you can call any time, day or night. In one call we'll help you work out whether you can apply for divorce yet, how the separation rule applies to your situation, and — just as importantly — what you need to do about property and the children, and by when.

If you need a lawyer, we'll connect you with an experienced family lawyer who can act for you — anywhere in Australia, usually within the hour. There's no cost to call and no obligation. If your marriage is over and you're not sure what to do first, the smartest step is simply to pick up the phone. Talk it through with a lawyer now →

How a divorce works, step by step

1
Confirm you''re eligibleCheck you've been separated for at least 12 months and one day, that there's a connection to Australia, and — if you have children under 18 — that proper arrangements are in place for them.
2
Choose sole or joint, and apply onlineDecide whether to apply on your own or together with your spouse, then complete and eFile the application through the Commonwealth Courts Portal. A joint application means no one has to be served.
3
Serve the application (sole applications only)If you applied on your own, your spouse must be properly served with the documents and given time to respond. There are strict rules about how this is done — a lawyer can handle it for you.
4
The hearingThe Court considers the application. Many divorces are decided without anyone needing to appear, though there are situations where attendance helps or is sensible — particularly where there are children under 18.
5
Divorce order becomes finalOnce granted, the divorce order usually takes effect one month and one day after the hearing. From that point the 12-month clock to apply for a property settlement or spousal maintenance starts running.

Divorce — your questions answered

How long do I have to be separated before I can get a divorce?

At least 12 months and one day. You must show the Court that you and your spouse have lived separately and apart for that time with no reasonable likelihood of getting back together. A quick call can confirm whether your separation date counts.

Can we be separated while still living in the same house?

Yes. It's called being "separated under one roof". You can satisfy the 12-month rule even while living in the same home, but you'll usually need extra evidence showing the relationship had genuinely ended — separate finances, separate rooms, telling family or friends, and so on.

Does getting divorced sort out our property and money?

No — and this trips a lot of people up. A divorce only ends the marriage. Dividing property, super and debts, and spousal maintenance, are separate processes. Crucially, you have just 12 months from when the divorce is final to apply for them, so get advice early.

Does the divorce decide arrangements for our children?

No. The Court only needs to be satisfied that proper arrangements are in place for any children under 18 before granting the divorce — it doesn't set parenting orders. Sorting out where children live and time with each parent is a separate process, and worth getting right.

Do I have to go to court for my divorce?

Often not. Many divorces are decided without anyone attending. Whether you should attend can depend on your circumstances — for example where there are children under 18 in a sole application. A family lawyer can tell you quickly what your situation calls for.

How long after the divorce can I remarry?

Not until the divorce order is final, which is usually one month and one day after the hearing. If you're planning to remarry, factor that timing in — and remember the property settlement deadline starts from that same final date.

Is calling Legal Hotline really free?

Yes. The information line is free and open 24 hours a day, 7 days a week. Call any time to understand where you stand on divorce, property and the children — no cost, no obligation.

Not sure where you stand? Find out in minutes.

Call the free hotline any time. We'll help you understand your options and, if you need one, connect you with a lawyer — anywhere in Australia, usually within the hour.

Call now — 1800 951 176

Free legal information. Not legal advice.

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Last updated 6 June 2026
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