How Divorce Works in Australia

Australia operates under a "no-fault" divorce system, established by the Family Law Act 1975 (Cth). This means you don't need to prove anyone did anything wrong to get a divorce.

You don't need to prove: adultery, abuse, abandonment, or any specific wrongdoing by your spouse. You only need to prove: your marriage has broken down irretrievably, demonstrated by 12 months of separation.

The no-fault system was introduced to reduce conflict and blame in divorce proceedings, focus on practical arrangements rather than fault-finding, and make divorce more accessible and less emotionally damaging. The process focuses on facts — dates, separation, arrangements for children — rather than emotions or blame.

The most important requirement for divorce in Australia is that you and your spouse must have been separated for at least 12 months immediately before applying. This waiting period gives couples time to consider reconciliation, ensures the decision is final, and allows time to sort out practical arrangements.

If you've been separated while living in the same house, you can still apply for divorce after 12 months — but you'll need stronger evidence to prove your separation.

Brief reconciliation attempts (up to 3 months total) don't restart the 12-month clock, but periods longer than 3 months do restart the separation period. Plan your divorce application timing carefully and document your separation clearly to avoid delays.

You can apply for divorce either jointly (both spouses apply together) or as a sole applicant (one spouse applies). Both options lead to the same result — the legal end of your marriage.

Joint applications are simpler because both parties agree to the divorce, neither party needs to be formally served with documents, and court attendance is usually not required. This is the most common approach for couples using Accordly.

Sole applications are necessary when one party won't cooperate or can't be contacted. The applicant must formally serve the other party with divorce papers, and the respondent has 28 days to file a response. Court attendance may be required.