How Long Does Divorce Take in Australia (2026 Guide)
When starting the divorce process, it is important to understand the legal timeframes, procedural steps, and common causes of delay.
Read article →Separation & Divorce
Understand what matters now - and what comes next.
If you have recently separated or are considering separation, you may be unsure what happens next. We help you understand your rights, identify urgent issues and avoid decisions that may affect your position later.
- Separation
The end of a marriage or de facto relationship
- Property
Does not automatically divide property
- Divorce eligibility
12 months separated
- Parenting
Does not determine parenting matters
What separation & divorce means.
Separation occurs when one or both parties decide that the relationship has ended. It does not usually require paperwork or court involvement, but it can trigger important legal and practical issues.
You may need to consider living arrangements, expenses, parenting arrangements, financial documents, child support and whether property settlement time limits may apply.
Divorce is a separate legal process that formally ends a marriage. It does not automatically divide property, create parenting arrangements or resolve child support. You can be separated without being divorced - and you can resolve parenting and property issues before applying for divorce. Divorce usually requires at least 12 months separation.
Our approach
Why early advice changes the trajectory.
Separation can create legal, financial and practical consequences. The decisions you make early can affect how things progress. Getting advice early means you understand your options and identify potential issues before they become hard to resolve.
A clear starting point.
We help you understand where you stand before any irreversible decisions are made.
Practical guidance.
We explain the issues that commonly arise after separation - not the rare edge cases.
Children & finances in one view.
Parenting, property, child support and financial issues are considered together, not in isolation.
Next-step focus.
You leave the first meeting with a concrete next move - not a list of new things to worry about.
How it works
The Separation & Divorce process.
Every separation is different. Some people need urgent advice about children or safety; others need help understanding property, finances or divorce timing. The shape of the matter depends on what is most urgent.
01
Establish where you stand
We confirm the separation date, living arrangements and whether you are separated under one roof.
02
Stabilise the immediate position
We address urgent practical issues such as children, safety, housing and communication.
03
Build the legal pathway
We identify which areas of family law apply to you - parenting, property, child support, spousal maintenance or intervention orders - and what should happen first.
04
Resolve & record arrangements
We help negotiate, document and formalise parenting, property and financial arrangements where needed.
05
Apply for divorce when eligible
When the 12-month separation requirement is met, we guide you through the divorce application to legally finalise your separation.
In more detail
What you should know.
Three issues come up in almost every separation - and each one can affect your position if it is left too late.
Separated under one roof.
You can be separated while still living at the same address - many couples are, because of finances, housing or the children's routines. But it changes what you need to prove.
Why it happens
Financial pressure, children's routines, housing availability, mortgage obligations, family violence planning, or making arrangements before one party moves out.
What the Court needs
If part or all of the 12-month separation period was spent under the same roof, the Court will usually require additional evidence that the marriage had genuinely ended.
Evidence the Court may look at
- Changed sleeping arrangements
- Separate finances & household tasks
- Separate social activities
- What family and friends were told
- Centrelink & government records
- Why you remained living together
Key point
Prepare this evidence carefully - an incomplete or inconsistent application can be delayed by the Court.
Property settlement does not wait for divorce.
You do not need to be divorced before resolving property, superannuation, spousal maintenance or the family home. In many cases, it is better not to wait.
The cost of delay
Assets change in value, documents become harder to obtain, debts grow, savings get spent - and parties start disagreeing about what existed at separation.
The time limit
Once a divorce order becomes final, there is generally a limited period to commence Court proceedings for property settlement or spousal maintenance. Miss it, and you need the Court's permission - which is not automatic.
Get advice early if there are
- Real estate
- Businesses, trusts or companies
- Inheritances
- Superannuation
- Tax issues
- Unequal financial circumstances
Key point
Divorce should not be the first or only legal step after separation - get property settlement advice well before you apply.
Your Will and estate planning after separation.
Separation does not automatically update your Will, superannuation nominations or powers of attorney. Until they are reviewed, your former partner may still have rights or practical control.
The dangerous assumption
People assume that because the relationship has ended, their former partner no longer has any legal role in their estate or financial affairs. Until documents are updated, that is often not true.
Superannuation is the trap
Death benefit nominations are dealt with under the rules of the superannuation fund and may not operate the same way as your Will. Even divorce does not automatically revoke everything.
Review after separation
- Your Will
- Super death benefit nominations
- Powers of attorney
- Life insurance
- Jointly owned assets
- Business succession & trusts
Key point
Update your estate planning alongside - not after - your family law advice.
Frequently asked questions
Advice from our family law team.
What is the difference between separation and divorce?
Separation is the practical end of the relationship - it does not require paperwork or court involvement. Divorce is the separate legal process that formally ends a marriage. A divorce order does not divide property, determine parenting arrangements or finalise child support.
How long do I need to be separated before applying for divorce?
In most cases, at least 12 months. If you reconciled for a period, or the separation date is unclear or disputed, obtain advice before filing - the way the 12 months is calculated can be affected.
Do I need my spouse's agreement to separate?
No. Separation occurs when one or both parties decide the relationship has ended and communicate that decision, expressly or by conduct. You do not need your spouse's agreement, a document or a court order.
Do I need to attend Court for my divorce?
Not always. Many divorce applications are dealt with electronically through the Commonwealth Courts Portal. Attendance is more likely where the application is opposed, service is disputed or further evidence is needed. The order becomes final one month and one day after it is made.
Can I apply for divorce if we have been married less than two years?
Not without an extra step. Within two years of the wedding, you generally need to file a certificate confirming you have considered reconciliation with an approved family counsellor - or obtain the Court's permission to file without one in special circumstances.
We have children under 18 - does that affect the divorce?
Yes. A divorce order does not take effect unless the Court is satisfied that proper arrangements have been made for the care of any children of the marriage under 18. The parenting arrangements themselves are dealt with separately from the divorce.
We were married overseas - can we divorce in Australia?
Usually, yes. You can apply in Australia if either spouse is an Australian citizen, treats Australia as their permanent home, or has lived here for the 12 months before filing. A marriage certificate that is not in English will need a certified translation.
What if I cannot locate my spouse to serve the divorce papers?
A divorce application normally must be served on the other party. If they cannot be found after reasonable attempts, the Court can permit substituted service - for example, through a relative or another address - or, in limited cases, dispense with service altogether.
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Read article →Our Offices
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