For more information on how to get divorced, see what needs to happen before I can get a divorce and get legal advice.
See resources for other information including divorce application forms and guides.
- No. You must be separated from your husband or wife for at least 12 months before you can apply for a divorce. See what needs to happen before I can get a divorce?
No. You can stay legally married, even though you have separated from your ex-partner.
You will need a divorce if either you or your husband or wife want to get married to someone else.
It’s a good idea to let organisations know you have separated, see this Australian Government checklist of services to update your details with.
You do not need the consent of your husband or wife to get divorced. You just need to meet the requirements for a divorce. See what needs to happen before I can get a divorce?
To get a divorce, you need to prove to the Family Courts that:
- you were legally married—you can prove this by providing your marriage certificate. If you don’t have your marriage certificate, get legal adviceACTNSWNTQldSATasVicWA
- your marriage has ended and there is no chance that you will get back together
- you have been separated for 12 months before you applied for the divorce
- either you or husband or wife are an Australian citizen, a permanent resident or have been living in Australia for at least 12 months before you applied for the divorce. You can apply for a divorce if you were married overseas
- if you have children, there are care arrangements in place for your children. This does not have to be a Parenting Order.
No. You do not have to use a lawyer to get divorced.
If you are finding it hard to complete the Application for Divorce or are having trouble following the rules about how you give your husband or wife your application, you should get legal advice.
You may need a lawyer to help with making arrangements for children or dividing property.
You can still get divorced in Australia if you were legally married overseas, as long as you can prove the other things you need to get a divorce. See what needs to happen before I can get a divorce?
You will need to include a copy of your marriage certificate with your application for divorce. If you don’t have your marriage certificate, get legal advice.
If your marriage certificate is in another language, you will need to get it translated using a NAATI Certified Translator.
- Federal Circuit Court – How do I Apply for a Divorce?
- Family Court of Australia – Have you been married less than 2 years?
- Family Court of Australia – Separated but living under one roof
- Federal Circuit Court – How do I Serve a Divorce? - with video
- Family Court of Australia – Divorce Service Kit (Do it Yourself)
- Legal Aid NSW – Serving your Divorce Documents - available in English, Chinese (traditional), Chinese (simple), Arabic, Thai, Vietnamese and Farsi and Dari
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- Family Court of WA – How to make a divorce application?
- Family Court of WA – Divorce
- Family Court of WA – Married less than two years
- Family Court of WA – Separation under one roof