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Getting a divorce is easier than you think but there are some conditions and rules you need to know about.

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Let me explain the 3 criteria you need to meet if you want to apply for a divorce in Australia.

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I’ll also tell you a couple of things you need to know before you get a divorce.

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So let’s jump straight in. Here are the 3 conditions to be met to get a divorce in Australia.

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  1 - connection to Australia​

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​If you were married in Australia, that doesn’t mean you can automatically apply for a divorce here.

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You or your spouse must show a connection to Australia in one of 4 ways.

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One of the following 4 things must apply to either you or your spouse ….

         

• You live here, regard Australia as your home and intend to    

       continue living in Australia.

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• You’re an Australian citizen by birth or descent.

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• You’ve been granted Australian citizenship.

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• You live in Australia and have been living here for the last 12

       months.

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2 - separated for at least a year

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In Australia we have a system of no fault divorce.

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This means the court does not look at why you broke up.

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You just have to prove the marriage has ‘broken down irretrievably’.

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To do this, you simply have to show you’ve been separated for at least one year.

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For example, if you separated on 1 September 2015, you can’t apply for a divorce until 2 September 2016.

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3 - possible reconciliation​

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The court must be satisfied that your marriage has broken down irretrievably, which means permanently.

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If there’s any chance you’ll get back together, the court won’t give you a divorce.

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That’s it!

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If you meet these 3 criteria, you’re eligible to apply for a divorce in Australia.

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Now here are a few other things you need to know.

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Marriage certificate

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To get a divorce in Australia, you must be legally married.

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You don’t have to be married in Australia, but your marriage must be recognised here.

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When you file your application for divorce, you’ll have to give the court a copy of your marriage certificate.

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If you don’t have one, you’ll have to get one from the registry of Births Deaths and Marriages.

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If you were married overseas, you’ll need to get a copy from the relevant registry in the country where you were married.

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Children

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The court will only grant a divorce if it’s satisfied proper arrangements have been made for all children under 18.

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The application for divorce asks you to give details about ongoing arrangements for the care of children.

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This includes, who they live with, spend time with, financial support, health and education.

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A child of the marriage includes children born before you were married and after you separated.

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They also include adopted children and any children who were treated as a member of your family such as foster children or step-children.

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Separated but living in the same home

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It is possible to be separated but still live together in the same home.

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It’s called ‘separation under one roof’.

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There are extra things you’ll have to do to prove you really are separated.

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Be sure to have a look at ‘Separation under one roof’.

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Married less than 2 years

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If you’ve been married for less than 2 years, you can still get a divorce, but you have to attend counselling first to discuss the possibility of reconciliation.

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The court requires a certificate from the counsellor setting out the outcome.

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For more information on this situation, please look at ‘How to get a divorce if married under 2 years’.

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Some other things of interest

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You can apply for a divorce on your own. It’s called a sole application for divorce.

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You can also apply for a divorce together with your spouse. It’s called a joint application for divorce.

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A joint application is the easiest and cheapest way to get a divorce.

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You don’t have to mess around with serving documents on your spouse and you can also share the costs.

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You have to pay the court a filing fee when you lodge your application for divorce.

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As of 1 July 2024, the fee is $1,100 but it can be reduced to $365 if you’re eligible.

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A divorce does not decide issues about property, maintenance or your children. 

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Checklist 

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    1.  You or your spouse, must show that Australia is your home, you’re an
        Australian citizen or you live here and have done so for the last 12
        months. 

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    2.  You need to be separated for at least a year.

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    3.  There’s no chance you’ll get back together.

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    4.  A copy of your marriage certificate.

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    5.  Show that proper arrangements have been made for the care of
         children.

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    6.  If you’ve been married less than 2 years, you’ll need to go to
         counselling.

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    7.  A joint application is the easiest way to get a divorce.

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    8.  There’s a filing fee you have to pay to the court when you file for
         divorce.

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Don’t waste hundreds or even thousands on a lawyer when you can do your own divorce.

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We can easily provide you with everything you need to arrange and manage a simple and straight forward divorce.