What is divorce and how can I get one in Australia?
Nov 3, 2026
What is divorce in Australia?
Divorce is the legal process of formally ending a marriage. Australia operates under a no-fault divorce system, meaning the Court does not consider who was responsible for the breakdown of the marriage or the reasons for its breakdown.
The only ground for divorce is that the marriage has irretrievably broken down. To establish this, you must demonstrate that you and your spouse have been separated for at least 12 months, with no reasonable likelihood of resuming married life.
A divorce order formally ends your marriage. However, it does not deal with property settlements, financial support or parenting arrangements. These are separate legal matters, each with their own requirements and time limits.
Can I apply for a divorce?
To apply for a divorce in Australia, you must satisfy the following requirements.
1. You have been separated for at least 12 months
You must have been separated from your spouse for at least 12 months immediately before filing your divorce application. You must also satisfy the Court that there is no reasonable likelihood of reconciliation.
You can be separated even if you continue living in the same home. This is known as being separated under one roof. In these circumstances, you may need to provide additional information and evidence to the Court to establish that you were genuinely separated during that period.
Read more about separation under one roof: https://www.fcfcoa.gov.au/fl/pubs/separated-under-one-roof
2. You meet the Australian residency requirements
You or your spouse must satisfy at least one of the following requirements:
Be an Australian citizen;
Regard Australia as your home and intend to live in Australia indefinitely; or
Ordinarily live in Australia and have done so for at least 12 months immediately before filing the divorce application.
3. You have a copy of your marriage certificate
You must provide the Court with a copy of your marriage certificate as part of your application.
If your marriage certificate is not in English, you must also provide an English translation, together with an affidavit from the translator confirming the translation.
Affidavit translation form: https://www.fcfcoa.gov.au/fl/forms/affidavit-trans-marriage-cert
If you cannot locate your marriage certificate or obtain an official copy, you will need to provide evidence that the marriage took place and explain why the certificate cannot be obtained.
How do I apply for divorce?
The Federal Circuit & Family Court of Australia provides useful information on how to apply for divorce for Australia: