Divorce is the legal process that formally ends a marriage. In Australia, we have a ‘no fault’ divorce system, which means the Court does not consider who caused the breakdown of the marriage. The only requirement is that the relationship has irretrievably broken down, with no reasonable chance of reconciliation.

Divorce can feel overwhelming. However, by understanding the legal steps, you can reduce uncertainty and move forward with greater confidence.

Divorce vs Other Family Law Issues

It is important to note that divorce is separate from matters such as:

• property settlement,

• spousal maintenance (alimony), and

• parenting arrangements (child custody).

A divorce does not resolve financial, property, or parenting matters, but it can have important legal consequences arising from the divorce order. These areas are subject to different legal processes and may require separate applications, agreements, or court orders.

Who Can Apply for a Divorce?

To apply for a divorce in Australia, you must meet all of the following requirements:

1. Separated for at least 12 months

You and your former spouse must be separated for a minimum of 12 continuous months, with no reasonable likelihood of resuming married life or rectifying the relationship.

• Separation under one roof: You can live in the same home address but remain separated. In this case, you need to show evidence, such as affidavits, bills, or statements from friends and family, to prove the separation.

2. Eligible under Australian law

You can apply if either you or your spouse:

• are an Australian citizen, or

• regard Australia as your home and intend to live here indefinitely, or

• ordinarily live in Australia and have done so for at least 12 months before filing.

3. Marriage Certificate

You must provide your marriage certificate (with a translation if not in English). If you cannot locate it, you may need to apply for a replacement, provide the Court other evidence of the marriage or a declaration of validity.

Divorce & Children

The Court will only grant a divorce if it is satisfied that:

• there are no children of the marriage under 18 years, or

• there are proper arrangements in place for the care, time, communication, education, health, and financial support of children under 18 years.

• There is reasonable reason to grant the divorce even if satisfactory children arrangements are not in place.

This rule applies to all children treated as part of the family, including stepchildren and adopted children.

👉 Important: Divorce does not decide parenting arrangements (“child custody”). You must resolve these separately through:

• a Parenting Plan (informal, not legally binding), or

• Parenting Orders or Consent Orders (legally enforceable).

Divorce & Property Settlement

Once your divorce becomes final, strict time limits apply:

• Married Couples: you have 12 months from the date your divorce becomes final to apply for property settlement or spousal maintenance (“alimony”).

• De Facto Couples: you have two (2) years from the date of separation.

If you miss these deadlines, you must ask the Court for permission to proceed. As the Court does not always grant permission, acting quickly protects your rights.

Can I Remarry Straight Away?

You cannot remarry until your divorce order becomes final. This generally happens one (1) month and one (1) day after the divorce hearing.

Delays may occur if your application is incomplete or if the Court requests additional information. Therefore, legal preparation of your documents carefully helps avoid setbacks.

Key Takeaways

• Australia has a no fault divorce system.

• You must be separated for at least 12 months before you can apply.

• The Court must be satisfied that proper arrangements exist for children under 18 years.

• You have 12 months after divorce to apply for property settlement (2 years for de facto couples).

• You can only remarry once your divorce order becomes final.

Madison Marcus Family Law Lawyers

At Madison Marcus, our Family Law team combines deep legal expertise with empathy and discretion. We guide clients through every stage of separation, divorce, property settlement and parenting arrangements with clarity, strategy and confidence.

Recognised for our practical, solutions-focused approach, we help you protect what matters most: your family, your assets and your future. From negotiation and mediation to litigation and complex financial settlements, our lawyers deliver trusted advice backed by years of experience in Australian family law.

If you are considering separation or need advice on your next steps, our team is here to help. Start the process today by completing the form below and take the first step toward clarity, closure and a new beginning.