Key Takeaways:

• Divorce in Australia requires a minimum separation period of 12 months and 1 day.
• Once filed, most applications take around 3-6 months to be finalised.
• Joint applications are usually quicker, while sole applications may face service delays.
• Some situations (like separation under one roof) may need extra evidence.
• Parenting and property matters are separate to the divorce and have their own time limits.

 

When you’re ready to separate, one of the first questions that naturally comes to mind is: “How long will this take?”. In Australia, the divorce process is usually straightforward; but there are a few important steps and timelines that everyone must follow. Understanding these can help you plan ahead and avoid unexpected delays.

To make sense of the timeline, it’s worth clarifying what “divorce” actually refers to in Australia. “Divorce” in Australia simply refers to the legal termination of a marriage. This is generally just one piece of the puzzle in the entire separation process. When separating, most couples will also need to consider and resolve the parenting arrangements for their children and property settlement (separation of assets).

 

1. The Mandatory Separation Period (12 Months + 1 Day) 

Before you can even apply for a divorce, you and your former partner must be separated for at least 12 months and 1 day. 

You can be separated under one roof, but you’ll need extra evidence to satisfy the Court that the relationship was truly over.  This is often provided in the form of an Affidavit. 

This means even if everything else moves quickly, your divorce cannot be finalised until at least a year after the separation date.

 

2. Preparing and Filing the Application

Once the separation period has passed, you can file your application through the Federal Circuit and Family Court of Australia.

You can apply individually or jointly with your former spouse. Most joint applications are simpler because there are no service requirements.

Preparing the application may take a few days to a few weeks, depending on how quickly documents and information are gathered.

To prepare the application, you will need your Marriage Certificate or Certificate of Marriage, a copy of any Court Orders or Agreements regarding your children and/or property settlement (if applicable), and a copy of your Grant of Citizenship (if applicable).

 

3. Serving the Application (If Applying Alone) 

If you file a sole application, the Court requires you to formally “serve” the documents on your former partner.

This step often causes delays due to:

• Difficulty locating the other party
• Avoidance or non-cooperation
• Incorrect service procedures

It’s crucial to note: you cannot personally serve the documents on your former partner.  You need to arrange for someone else to do this.  You should seek advice regarding the service requirements from a family lawyer.

 

4. The Court Hearing Date 

After your application is filed, the Court will allocate a hearing date.  

You don’t generally need to attend the hearing of the Application unless the Court has specifically requested an attendance.  Commonly, no attendance is required for applications that have been filed jointly and where there are no children under the age of 18. 

 

5. When the Divorce Becomes Final 

If the Court grants the divorce at the hearing, it becomes final and will take effect one month and one day after the hearing date. 

 

Total Estimated Timeline 

Most divorces in Australia take around 3-6 months from filing to finalisation, assuming:

• The 12-month separation period has already passed. 
• Service is straightforward
• There are no unusual complications
• If serving the other party is difficult, or if additional evidence is required (e.g., separation under one roof), the process can take longer.

 

Factors That Can Influence the Timeline 

There are some factors to be mindful of that could change the timeline for the divorce process.  These include:

• Delays in gathering required documents (marriage certificate, proof of separation)
• International marriages requiring translated certificates
• Difficulty serving the other party
• Court workload and scheduling pressures
• Errors in the application that require correction and re-filing

Always get advice from a family lawyer regarding the circumstances of your separation and the making of a divorce application. 

 

A Note About Property & Parenting Matters 

It’s a common misconception that your divorce must be final before negotiating property or parenting arrangements. In reality, these can be resolved before, during, or after the divorce process.

However, keep in mind:

You only have 12 months after the divorce becomes final to file an application for property settlement or spousal maintenance if agreement isn’t reached.  It’s crucial to be mindful of this limitation date because, if it passes, you may not be able to apply to the Court for a decision regarding the division of your property interests and/or spousal maintenance.

 

The Bottom Line 

Divorce in Australia is usually a smooth and structured process, but it does take time.

Most of that time is spent simply waiting - first through the 12-month separation period, and then for the Court to allocate a hearing date.

Having a clear roadmap helps reduce stress and allows you to focus on the decisions that really matter for your future.

If you’d like guidance tailored to your circumstances or support preparing your application, our team is here to help. You can reach us on 1300 052 224 or explore Your First Meeting at Best Wilson Buckley Family Law to know what to expect.