How divorce works in Australia
The Family Law Act in plain English, the 12-month rule, what no-fault really means, and realistic timelines from separation to final order.
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The Family Law Act in plain English, the 12-month rule, what no-fault really means, and realistic timelines from separation to final order.
The first time I read the Family Law Act 1975, I was sitting at my kitchen table at 11pm with a tax invoice from a solicitor on one side and a half-cold tea on the other. I'd been told the divorce would be 'simple' because we agreed on most things. The Act made me realise nobody has ever called this simple. Lawyers just say it less often.
Australian divorce law looks intimidating from the outside. Once you read it slowly (twice), the structure becomes obvious. There is one federal Act, one no-fault test, one waiting period, and one court that handles almost everything. That's it. The complications are mostly procedural, not philosophical.
The Family Law Act 1975 is the Commonwealth statute that governs divorce, property settlement, parenting orders, child support administration, and spousal maintenance across every state and territory. Before 1975, divorce in Australia required proving fault: adultery, cruelty, desertion, habitual drunkenness. The Whitlam government replaced all of it with a single ground.
That single ground is irretrievable breakdown of the marriage. You prove it one way only: by being separated for 12 months and one day before you file. No affidavits about who left whom. No questions about who was sleeping with the neighbour. Just time on the clock.
The Act is administered by the Federal Circuit and Family Court of Australia (FCFCA), which merged the old Family Court and Federal Circuit Court in 2021. Same judges, same registries, fewer letterheads.
No fault does not mean no consequences. It means the court will not weigh moral blame when granting the divorce itself. Affairs, walking out, refusing therapy, none of it changes whether the divorce gets granted.
Where people get confused is conflating the divorce order with the property settlement and parenting orders. Those are separate proceedings. In property and parenting matters, behaviour can become relevant in narrow circumstances:
But fault as the public imagines it (he cheated, she lied) is not a discount or a bonus on the property pool. The court doesn't care. It cares about contributions, future needs, and what a just outcome looks like.
You must have been separated for at least 12 months and 1 day before you can apply for divorce. This is non-negotiable. The clock starts the day one of you communicates an intention to end the marriage and acts on it.
A few quirks worth knowing:
The divorce application itself is the simplest piece of legal paperwork in this whole process. You file it through the Commonwealth Courts Portal. Filing fee is around $1,100 (typically reduced for concession card holders). You can apply solo or jointly.
If you apply solo, you must serve the application on your spouse and file proof of service. If you apply jointly, neither of you needs to attend the hearing as long as there are no children under 18. If there are children under 18 and you apply solo, you (or your lawyer) must attend a brief hearing where the registrar checks that 'proper arrangements' for the children are in place.
The divorce becomes final one month and one day after the order is made. Until then, you cannot remarry.
Here's what 'how long does it take' actually looks like in 2026:
So from the day you separate to the day you're legally divorced, you're looking at roughly 16 to 18 months at the fastest. Property and parenting matters run on completely independent timelines and can take much longer.
The divorce order itself is narrow. It dissolves the marriage. It does nothing else.
It does not:
There is a 12-month time limit after the divorce order to apply for property settlement and spousal maintenance. Miss it and you need leave of the court to proceed (granted in limited circumstances). This is the single most expensive procedural mistake men make in this process. Diary it the day your divorce comes through.
The court is not your enemy. It's also not your friend. It's a neutral procedural machine that wants matters resolved efficiently and fairly. Around 95% of property and parenting matters settle before final hearing. The court actively pushes you toward mediation, conferences, and consent orders precisely because trial is slow, expensive, and brutal.
Treat the court the way you'd treat a tax audit. Be prepared, be respectful, be honest, and bring documents.
Read the Act once. Read it again with a highlighter. Then close it.
Know the rules, then play.
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