Read first · Divorce
Divorce in Australia, in plain English.
A short guide written by a Gawler family lawyer practising since 1985. The 12-month rule, the timeline, the parts that catch people out, and what you can actually do right now.
The basics
How divorce in Australia actually works.
In Australia, there is no need to provide any reasons for divorce other than that the relationship has broken down irretrievably. The 12-month separation requirement serves as evidence of that irretrievable breakdown.
It is possible to be separated and still living together — you do not have to physically move out for the clock to start. Once you can demonstrate that 12 months of separation has passed, you can apply for divorce. The Court is not asked to take sides.
Children, property and finances can be sorted at the same time, before, or after the divorce. Most people sort children and property before the divorce becomes final, but that is a strategic choice, not a legal one. We walk you through which order makes sense in your circumstances.
If you are here because…
Three reasons people read this page first.
You think you have decided.
The 12-month separation clock starts the day you separate, not the day you file. The earlier you understand the process, the better positioned you are when the year is up.
You are not sure if you have separated.
You can be separated while still living in the same house, but you need to be able to swear to it in the application. We help you work out what counts and what does not.
There is property to divide.
Property orders have to be lodged within 12 months of the divorce becoming final. People miss this deadline and it costs them. Get advice while you still have time.
Common questions
The most-asked questions on the first call.
No. Australia is a no-fault jurisdiction. The only ground for divorce is that the marriage has broken down irretrievably, evidenced by 12 months of separation. The Court is not interested in who did what.
A divorce hearing is usually listed within two to three months of lodging the application. You often do not need to attend. The order becomes final one month and one day after the hearing.
Yes. You need to be able to demonstrate to the Court that the marriage has ended in substance — separate finances, separate sleeping arrangements, sometimes a corroborating affidavit from a friend or family member. We will tell you what is needed in your situation.
Your marriage certificate, identification, and proof of citizenship or residency. If your marriage was overseas, the certificate may need translation. We organise that for you.
The Court needs to be satisfied that arrangements are in place for any children under 18, but does not require a formal parenting agreement. If parenting needs to be resolved, we handle that as a separate matter — it does not delay the divorce.
You can negotiate and document a property settlement at any time. Crucially, if you cannot agree, a formal application for property orders must be lodged within 12 months of your divorce becoming final. Miss that and you need leave of the Court to bring a claim.
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