How Long Does a Divorce Take in Australia?

When it comes to divorce in Australia, understanding the multi-step process and the timeframe involved is important, so let’s look at how long a divorce takes in Australia.

The Divorce Timeline

Generally, it takes several months for a divorce to reach its conclusion in Australia. This timeline begins when you first submit your divorce application to the Court and extends until a Divorce Order is made and comes into force.

However, complications can lead to longer processing times, such as being unable to serve your spouse with a copy of the divorce application.

Filing the Divorce Application & Remarrying

The estimate above does not account for the time needed to prepare and finalise the divorce application. It’s also important not to remarry until you have received your Divorce Order from the Court.

Remarrying before your divorce is finalised is illegal in Australia. Make sure you have a sealed copy of your Divorce Order before making any plans to remarry.

Separation Period

Before applying for a divorce, you and your spouse must have been separated for at least 12 months and 1 day.

If you were separated but still lived under the same roof during part or all of this period, additional considerations apply. The date of separation is typically the date that one party communicated to the other that they wished to end the relationship.

Where there is a disagreement about the date of separation, the Court will assess relevant factors, such as when you stopped sharing a bedroom, separated finances, notified Centrelink or the ATO, or informed friends and family.

Do You Have to Wait Two Years to Get a Divorce in Australia?

If your marriage lasted less than two years, you can still apply for a divorce. As of 10 June 2025, the requirement to attend counselling and file a counselling certificate no longer applies.

This change streamlines the process and removes a previous barrier for short marriages. However, if there are issues such as domestic violence or inability to locate your spouse, those circumstances should still be explained in an affidavit if relevant to other aspects of your matter.

Filing for Divorce in Australia

Australia has followed a ‘no-fault’ divorce system since 1975. The Court does not consider the reason for the breakdown of the marriage. Instead, it looks at whether:

You and your spouse have been separated for at least 12 months
There is an irretrievable breakdown of the marriage
One of you is an Australian citizen, resident, or regards Australia as your permanent home

The emotional or practical reasons for the separation are not legally relevant to the granting of a Divorce Order.

Learn more about divorce applications while living overseas here.

Sole or Joint Application

You can apply for divorce either on your own (sole application) or together with your spouse (joint application).

As of 10 June 2025, if you file a sole application, you are no longer required to attend Court, even where children under 18 are involved, unless the other party formally objects.

This is a significant change from previous rules, which automatically required a Court appearance in such cases. The Court must still be satisfied that proper arrangements have been made for the care of any children, but attendance will only be necessary if the other party disputes the application or the arrangements.

Finalisation of Divorce

Once your divorce is granted, it becomes final one month and one day later, unless the Court specifies a different timeframe. At that point, a sealed copy of the Divorce Order is issued, previously known as a Certificate of Divorce.

Only once the Order is finalised are you legally divorced and free to remarry.

Delays in Divorce Proceedings

While most divorces proceed without issue, delays can occur. Common causes include difficulties locating your spouse for service, errors in documentation, or disputes requiring multiple hearings.

Court attendance may be necessary in some cases, particularly where the Court has concerns about child arrangements or compliance with procedural requirements. However, recent changes to the law have removed some automatic hearing requirements, helping to reduce delays.

Time Limits

There is no time limit for applying for a divorce after separation. You also do not need to wait for your divorce to be finalised before starting property settlement negotiations or resolving parenting matters.

That said, once your Divorce Order becomes final, you have 12 months to apply for property settlement or spousal maintenance if an agreement has not been reached or formalised.

As of 10 June 2025, Courts now consider family violence, including economic and financial abuse, when assessing spousal maintenance applications. This change may significantly affect how support is calculated and whether one party is considered financially disadvantaged due to abuse.

If you miss the 12-month deadline, you must seek the Court’s permission to proceed out of time. It is important to obtain legal advice as early as possible if this applies to you.

Contact Us

While the timeframe for divorce in Australia typically spans several months, it can vary based on individual circumstances and any potential complications that may arise during the process.

For more information regarding how long a divorce takes in Australia, contact us at Bambrick Legal today. We offer a free, no-obligation 30-min consultation for all enquiries.