1. Irretrievable breakdown of marriage
Australia has no-fault divorce. The Court does not decide who caused the breakdown; it must be satisfied the marriage has broken down irretrievably and there is no reasonable likelihood of resuming married life.
2. Separation for at least 12 months and one day
Before filing, the spouses generally must have been separated for at least 12 months and one day. At least one spouse must regard the marriage as ended and communicate that intention in some way. The other spouse need not agree, but a disputed date may require affidavit evidence.
3. A sufficient connection with Australia
At least one spouse must be an Australian citizen, regard Australia as home and intend to live here indefinitely, or have ordinarily lived in Australia for the 12 months immediately before filing. Living overseas does not automatically prevent an application if jurisdictional requirements are met.
4. Evidence of a valid marriage
A marriage certificate is generally required. Overseas marriages can qualify; non-English certificates generally require translation and a translator's affidavit. If a certificate cannot be obtained, further affidavit evidence may be needed.
5. Arrangements for children under 18
The Court considers arrangements for children of the marriage under 18, including living arrangements, time with parents, education, health and financial support. This can include stepchildren, adopted children and children treated as family members. Insufficient details can lead to adjournment; in some circumstances the Court may grant divorce despite imperfect arrangements for good reason.
6. Separation under one roof
Living at the same address after separation does not necessarily prevent divorce. If this occurred within the 12 months before filing, additional affidavits are generally needed about changes to sleeping, finances, household tasks, social activities and disclosure to others.
7. Joint or sole application?
A joint application is signed by both spouses and ordinarily needs no service on the other spouse. A sole application is signed by the applicant and must be served on the respondent. If the respondent cannot be found, substituted service or dispensation of service may be sought. A spouse's refusal to consent does not necessarily defeat a sole application.
8. Marriages under two years and reconciliation
Since 10 June 2025, a counselling certificate is no longer required for applications involving marriages under two years, although other eligibility rules still apply. Brief reconciliation may require special calculation under section 50 of the Family Law Act.
9. Divorce does not settle parenting or property
A divorce ends the marriage but does not automatically determine parenting, property division or spousal maintenance. Married parties generally have 12 months after the divorce becomes final to apply for property or spousal maintenance orders, unless the Court grants leave.
10. When is the divorce final?
A divorce order generally takes effect one month and one day after it is made, unless the Court orders otherwise. Do not remarry before the order becomes final.
General legal information only, not advice on individual circumstances. Eligibility, evidence and procedure depend on current Court rules and the facts.