Divorce

About divorce

A divorce is the legal end of a marriage other than by the death of a spouse.

Australia has no-fault divorce. This means you don’t need to prove to the court who was at fault for the breakdown of your marriage. You only need to show that your marriage has irretrievably broken down, and you have been separated for at least 12 months.

A divorce is different to a decree of nullity, which is more commonly known as an annulment. A Decree of Nullity is a court order that declares your marriage void - there was no legal marriage - even though you had a marriage ceremony. This order is only made in very limited circumstances, for example, where there was fraud, mistake, duress or incapacity.

For more information about decrees of nullity, see Nullity (Invalid marriage) on the Federal Circuit and Family Court of Australia website.

Divorce is an entirely separate process from negotiating a property settlement and spousal and de facto maintenance, and deciding your parenting (custody) arrangements.

When you can apply for a divorce

To apply for a divorce: 

• you must be legally married
• your marriage must have broken down irretrievably 
• you must have been separated from your spouse for at least 12 months
• you or your spouse must be an Australian citizen or have been living in Australia for at least the last 12 months
• you and your spouse have made appropriate parenting arrangements for your child, if relevant.

You don’t need a divorce if you were in a de facto relationship or Aboriginal customary marriage.

For more information, see When you can apply for a divorce.

Apply for a divorce

If you want to apply for a divorce, you can file:

• a joint application – if you and your spouse agree to get a divorce, or
• a sole application.

If you and your spouse file a joint application, one person will be applicant one and the other person will be applicant two.

If you file a sole application, you are the applicant, and your spouse is the respondent.

If you file sole application, you must serve your spouse with a copy of your application. If you don’t, the court may adjourn or dismiss your application. 

For more information, see Apply for a divorce.

Respond to an Application for Divorce

If you have been served with an Application for Divorce you can:

• send back the Acknowledgement of Service, or
• file a Response to Divorce.

If you agree with your spouse’s Application for Divorce, you don’t have to do anything. However, you should send back the Acknowledgement of Service so the court knows you received the application.

If you don’t agree with your spouse’s application, you can file a Response to Divorce if you want to:

• oppose your spouse’s Application for Divorce, or
• fix any mistakes or dispute any facts in your spouse’s Application for Divorce - you can do this even if you want the court to grant a divorce.

If you file a Response to Divorce and oppose the divorce, you must attend the hearing.

For more information, see Respond to an Application for Divorce.

Withdraw your Application for Divorce or Response to Divorce

If you have applied for a divorce but have changed your mind, you can withdraw your application before the divorce hearing. If you withdraw your application, your filing fee won’t be refunded.

If you filed a Response to Divorce and you no longer want to oppose or amend any errors in the Application for Divorce, you can withdraw your response before the divorce hearing.

For more information, see Withdraw your Application for Divorce or Response to Divorce.

Preparing for the hearing

It is important that you prepare for your divorce hearing so you can tell the court about your application and answer the court’s questions.

You should read the documents that have been filed with the court and plan what you want to say.

If you need an interpreter or other support from the court, you should notify the court at least two weeks before the hearing. 

If you are concerned about your safety, you should tell the court staff at least five working days before the hearing so that they have time to make arrangements to protect your safety.  

For more information, see Preparing for your divorce hearing.

Going to the hearing

You may not have to go to your divorce hearing. The court can deal with your application and make a divorce order in your absence.

You must attend the hearing if: 

• you ask to attend in your application
• you or your spouse files a Response to the Divorce opposing the application
• you ask for substituted service or to dispense with service
• the court orders you to.

All divorce hearings are by telephone or video link, unless you have asked, or the court orders you to attend, in person.

You can find the details of your hearing on the Commonwealth Courts Portal or the Daily court lists from 4pm the day before the hearing.

If you have been ordered to attend the hearing in person, but are not available, you can ask to attend the divorce hearing by telephone or video link. 

For more information, see Going to your divorce hearing.

Divorce order

A divorce order will be made if the court is satisfied that:

• you and your spouse are legally married 
• your marriage has irretrievably broken down
• you and your spouse were separated for at least 12 months when the Application for Divorce was filed
• the Application for Divorce was correctly served on your spouse
• you and your spouse have made appropriate arrangements for the care of your children, if relevant.  

If the court is not satisfied that all of the above criteria have been met, it will not grant you a divorce.  

For more information, including how to get a copy of a divorce order, see Divorce order.

After your divorce hearing

A divorce order may be rescinded (cancelled) or appealed in some circumstances.

Once a divorce order is made, there are some things you may need to do, like updating your will and superannuation beneficiaries.

For more information, see After your divorce hearing.

Documents

Last updated: September 2026