Divorce in Australia

To apply for a divorce in Australia, at least one of the following must apply:

• ✦One or both parties regards Australia as their home and intends to live in Australia indefinitely
• ✦One or both parties has been ordinarily resident in Australia for at least 12 months immediately before filing

If the parties have been married for less than two years, they must attend counselling before applying for divorce (or provide a certificate that counselling is not appropriate in their circumstances).

The parties must have been separated for at least 12 months before the application is lodged. Separation does not always require living in different houses — it is possible to be 'separated under one roof'. However, if the parties have been separated under one roof, additional evidence will be required to establish the separation.

Divorce applications are made through the Commonwealth Courts Portal. An application can be filed jointly (by both parties) or solely (by one party). The application requires:

• ✦Proof of marriage (original or certified copy of the marriage certificate)

If the application is made solely, the other party must be served with the application and given the opportunity to respond.

A divorce order will not be made by the court unless it is satisfied that proper arrangements have been made for any children of the marriage who are under 18. The court does not decide property or parenting matters as part of the divorce process — these are dealt with separately.

The granting of a divorce starts a 12-month time limit within which the parties must apply to the court for property or spousal maintenance orders, if required. After 12 months, further leave of the court is required to make such applications. It is important to seek advice about property matters before or at the time of divorce.

We assist clients to prepare and lodge divorce applications, advise on the service requirements, and guide them through the court hearing process. We also provide advice on the property settlement time limit to ensure clients do not inadvertently lose their rights.