A divorce is the formal process that brings to an end the legal relationship between two people that is created by marriage.

You are able to apply for a divorce in Australia when you have been separated and living separately and apart for at least 12 months.

The filing of a divorce application can be filed two ways either:

  • A sole application (you make the application yourself); or
  • A joint application (you and the other party of your marriage are willing to apply for the application together).

There is a court filing fee applicable to an Application for Divorce.

The granting of a divorce does not decide the issues about property settlement or parenting arrangements.  However, a divorce order puts in place a limitation on the time that either party has to make an application to the Federal Circuit Court or Family Court seeking property orders.  This limitation period is 12 months from the date of the Divorce Order. Therefore, if you have obtained a divorce but still have not finalised a property settlement, we strongly recommend that you contact us as soon as possible. In de facto relationships, that limitation period automatically applies two years after the date of separation.

Costs involved

Please contact our Family Law team to help you through the process.