Divorce can be an emotionally draining and legally complex process. Whether you’re at the beginning of separation or already filing paperwork, understanding your rights and responsibilities under Australian family law is essential. This guide answers some of the most frequently asked questions about divorce in Australia to help you make informed decisions.

What Is Divorce and How Is It Different From Separation?

Divorce is the legal dissolution of a marriage under Australian law. Separation, on the other hand, is the physical and emotional break from the relationship, which may or may not lead to divorce. You must be separated for at least 12 months before applying for a divorce in Australia.

What Are the Legal Grounds for Divorce in Australia?

Australia follows a no-fault divorce system. This means the only ground for divorce is the irretrievable breakdown of the marriage, demonstrated by at least 12 months of separation.

Can You Live Together While Separated?

Yes. Known as ‘separation under one roof,’ couples can live in the same home but must prove they were living separate lives. This might involve sleeping in different rooms, having separate finances and showing others were aware of the separation.

Do Both Parties Have to Agree to the Divorce?

No. One partner can file for divorce even if the other does not agree. However, if one party contests the date of separation or other details, the court may request additional evidence.

How Do I Apply for Divorce?

Divorce applications are made through the Federal Circuit and Family Court of Australia. You can file jointly with your spouse or on your own (a sole application). You’ll need to submit the application form, pay the filing fee and attend a hearing if required.

What If There Are Children Involved?

If you have children under the age of 18, you must show the court that proper arrangements have been made for their care, welfare and development. This includes schooling, housing and general wellbeing.

What Happens to Property and Finances After Divorce?

Divorce does not automatically settle property matters. You must initiate a separate property settlement process, ideally with the help of a family lawyer. This includes division of assets, liabilities, superannuation and financial support.

Do I Need a Lawyer for Divorce?

While it’s possible to handle your divorce independently, legal advice is strongly recommended. Complex cases involving children, financial disputes or domestic violence require professional support to ensure fair outcomes.

How Long Does the Divorce Process Take?

Once the application is filed and served, it usually takes around 2 to 4 months for the divorce to be finalised, assuming all documents are in order. The divorce becomes official one month and one day after the court grants the divorce order.

What Are the Costs Involved in Divorce?

The standard filing fee for divorce in Australia is currently $1,125 (as of 1 July 2025), but you may be eligible for a reduced fee under certain conditions. Legal fees are separate and vary depending on the complexity of your case and the services required.

Can I Get a Divorce If I Married Overseas?

Yes. As long as one of the parties is an Australian citizen, permanent resident or has lived in Australia for the past 12 months, you can apply for divorce in Australia. The overseas marriage must also be legally recognised in Australia.

Is There a Time Limit to Finalise Property Settlement After Divorce?

Yes. You must apply for a property settlement within 12 months of your divorce becoming final. Missing this deadline can make the process more complex and may require special permission from the court.

Will the Divorce Affect My Will?

Yes. Divorce can revoke parts of your Will related to your former spouse. It’s important to update your Will and other legal documents, like superannuation nominations, after your divorce.

What If My Ex-Partner Refuses to Cooperate?

You can still proceed with a sole divorce application. If serving documents becomes difficult, your lawyer can help you request a substituted service or service by post. The court prioritises fairness and ensures both parties are aware of proceedings.

Can Divorce Be Denied?

Divorce is generally not denied if the legal requirements are met: 12 months of separation, valid jurisdiction and proper arrangements for children. However, errors in the application or disputes about the date of separation can delay the process.

Final Thoughts

Divorce can feel overwhelming, but you don’t have to go through it alone. Understanding your rights and the process empowers you to make informed choices for your future. If you’re unsure about what steps to take next, speak with an experienced family lawyer who can help you navigate this transition smoothly.

How Johnsons Law Group Can Support You

At Johnsons Law Group, we understand the emotional and legal challenges that come with divorce. Our compassionate family lawyers are committed to providing clear, practical advice and guiding you through every stage of the process, from the initial consultation to post-divorce arrangements.

Need expert legal advice about your divorce? Call us on 02 9600 7277 or visit our Contact Us page to book your confidential consultation today.