When starting the divorce process, it is important to understand the legal timeframes, procedural steps, and common causes of delay.
The exact timing will depend on your individual circumstances. However, in a straightforward case, a divorce in Australia commonly takes several months from filing to finalisation.
If you are unsure about your eligibility or timing, speaking with an experienced divorce lawyer early can help clarify your position.
Importantly, you cannot apply for divorce until you have been separated for at least 12 months.
As a general guide, a simple divorce may take approximately 14 to 16 months from separation to finalisation, which includes the mandatory 12-month separation period, followed by the filing process, Court hearing, and the period before the divorce order takes effect.
This article is general information only and does not constitute legal advice. For advice specific to your situation, speak with an experienced family lawyer.
What Is the Minimum Time Required to Get a Divorce in Australia
You must be separated for at least 12 months before filing for divorce. In practical terms, this is often referred to as 12 months and 1 day, as the application cannot be filed until the full 12-month period has passed.
Australia has a no-fault divorce system. This means the Court does not consider who caused the relationship to end. The only ground for divorce is that the marriage has broken down irretrievably.
This is established by showing:
- the parties have been separated for at least 12 months; and
- there is no reasonable likelihood of resuming married life
If you are unsure whether your circumstances meet this threshold, a divorce lawyer can help assess your situation.
Separation Under One Roof
You do not need to physically move out to be separated.
It is possible to be separated while living in the same home. However, if this applies, the Court will require additional evidence.
This usually includes:
- Affidavit evidence from one or both parties; and
- Where appropriate, corroborating affidavit evidence from a third party
The evidence must explain:
When separation occurred
How the relationship changed
Changes to finances, living arrangements, and social presentation
Because this can delay an application if not handled correctly, it is often worth obtaining advice from a family lawyer experienced in separation matters.
The Divorce Process in Australia
The usual process involves the following steps:
Step 1 - Separation Period
You should clearly record your separation date.
If the date is later disputed, you may need to provide affidavit evidence to support it.
Step 1 - Separation Period
You should clearly record your separation date.
If the date is later disputed, you may need to provide affidavit evidence to support it.
Step 2 - Filing the Divorce Application
After the 12-month separation period, you can file your application through the Federal Circuit and Family Court of Australia via the Commonwealth Courts Portal.
You can apply:
- Joint application - both parties apply together (usually simpler as no service is required)
- Sole application - one party applies and must formally serve documents
If you are unsure which option is appropriate, a divorce application lawyer can guide you.
Service requirements (sole applications):
- At least 28 days before the hearing (if your spouse is in Australia)
- At least 42 days before the hearing (if overseas)
You cannot serve the documents yourself.
Service by post should only be used if your spouse is likely to sign and return the Acknowledgment of Service.
Documents typically required:
- Marriage certificate
- Translation (if not in English)
- Citizenship/residency evidence (if relevant)
- Affidavit evidence (if applicable, e.g. separation under one roof, name discrepancies, or difficulty locating a spouse)
Step 3 - Waiting for a Hearing Date
After filing, the Court allocates a hearing date.
The timeframe varies depending on:
- Court listing availability
- whether the application is complete
- service issues
- whether additional evidence is required
Delays can occur if the application contains errors or is incomplete. A family law solicitor can help avoid these issues.
Step 4 - The Divorce Hearing
Many divorce applications are determined without attendance.
Joint applications are usually decided without the parties attending
if a party requests to attend
if the application is opposed
if the respondent requests attendance (particularly where children are involved)
if substituted service or dispensation of service is required
The Court is not deciding property, parenting, or financial disputes at this stage.
However, it must be satisfied that:
- separation requirements are met
- jurisdiction is established
- service is valid
- proper arrangements exist for any children
Step 5 - When the Divorce Becomes Final
A divorce is not final on the day it is granted.
In most cases, the divorce order takes effect one month and one day later.
You should not remarry until the order has taken effect.
Once finalised, the divorce order can usually be downloaded from the Commonwealth Courts Portal.
Divorce Timeline Summary
- Separation period 12 months (mandatory)
- Filing preparation 1-2 weeks
- Court listing & hearing Varies
- Order to finalisation 1 month + 1 day
- Total (separation to final) ~14-16 months (typical)
- From filing to final Several months (varies)
What Cannot Be Shortened
The 12-month separation requirement cannot be waived. However, limited exceptions may apply where there has been a short reconciliation period.
Does Property Settlement Affect Divorce Timing
not necessarily.
Divorce and property settlement are separate legal processes.
You do not need to finalise property settlement before applying for divorce.
However, divorce has a critical impact on time limits.
Once the divorce order takes effect, you generally have 12 months to commence proceedings for:
- property settlement
- spousal maintenance
If that deadline passes:
- you may need Court permission or the other party’s consent
- that permission is not automatic
For this reason, it is important to speak with a property settlement lawyer before your divorce is finalised.
Why Getting Legal Advice Early Matters
Although divorce is designed to be accessible, legal advice can help avoid:
- delays caused by incorrect applications
- service issues
- evidentiary problems
- missed limitation periods
Early advice from an experienced divorce lawyer in Melbourne can ensure the process runs smoothly.
Ready to Take the Next Step
A timely divorce process starts with clear advice, correct documentation, and a practical plan for any related financial or parenting issues.
Book a consultation with an experienced divorce lawyer to understand your next steps.