- Can I get a divorce before 12 months in Australia?
- How long do you have to be separated before divorce?
- What are the steps to divorce in Australia?
- How long does it take to divorce in Australia?
- What can be done in the first 12 months post-separation?
- What timelines should I be aware of?
Can I Get a Divorce Before 12 Months in Australia?
In short, the answer is no.
How Long Do You Have to Be Separated Before Divorce?
In Australia, a couple must have been separated for 12 months for an application for divorce to be accepted.
It is important to know that a divorce will not be granted immediately, even if you and your former spouse file a Joint Application for Divorce. There is a Court hearing where your application will be considered. It is not uncommon for applications to be rejected due to insufficient evidence or supporting paperwork. This is why it is wise to have a family lawyer assist you with your application. Once approved, a Divorce Order is granted which is published (and available for download) 1 month and 1 day after the Court hearing date. Applying again adds to costs and time blowouts.
Many people assume that because they need to wait 12 months to apply for divorce, they also need to wait 12 months to start the financial settlement (property settlement) process. What you may not realise is that the ‘12 month rule’, as it’s commonly referred to, is in fact, solely in relation to the formalised recognition of an end of a marriage – a divorce being granted by the Court.
Below we unpack the steps to divorce in Australia. Then below, we explore what can be done in the first 12 months.
What Are The Steps To Divorce in Australia?
Step 1
Upon separation, ensure you are both in agreement about the date of separation. Getting your divorce finalised can be delayed and add to costs if there is dispute as to the date of separation. To be eligible you must have been separated for a minimum of 12 months.
Step 2
Seek legal advice, even if you are in the most amicable of separations. We see many people finding themselves in very challenging situations because they couldn’t see the legal issues that could arise for them down the track.
Even if you have only one appointment, you will be better placed to make the steps ahead of you, far easier than they may otherwise be.
Step 3
To apply for a Divorce Order, you or your lawyer files an application with the Federal Circuit and Family Court of Australia.
A divorce application can be filed as either a:
- A Sole Application for Divorce; or
- A Joint Application for Divorce.
If you have been married for less than 2 years, then your application will also require evidence of counselling, by way of a certificate of attendance.
If you have been separated but living in the same property, then your application will also require an affidavit as evidence to support your application.
If the Court is satisfied that all information supplied is sufficient and accurate, a Divorce Order may be granted. The Divorce Order is published 1 month and 1 day after your Court hearing.
If you are filing a sole application for divorce, you will need to have your former spouse served with documentation so they are aware of your application for a Divorce Order.
What Can Be Done In The First 12 Months
Why You Don’t Need to Wait to Finalise a Financial Settlement
A financial settlement,commonly referred to as a property settlement, is the process of dividing assets and liabilities between you.
Why would someone want to start this process so soon? Isn’t that ‘too quick’ or insensitive?
The ‘property pool’ to be divided is not what you and your former partner or spouse had in assets and liabilities at the date of your separation. Instead, it is the sum of your assets and liabilities at the point of an agreement being reached as to how to split your property (or the Court making the decision for you). So, it is wise to get this process under way as soon as possible.
Rather than looking at it as insensitive or ‘too quick’, look at seeking professional advice about information gathering to allow you to make better decisions. You may not immediately act on the advice or tell your former partner but it will assist you to make decisions. Look at it as an opportunity to establish formal agreements about parenting and financial and to set things up in a way that will mean the likelihood of your intentions being realised is increased.
It’s important to remember that the decisions that you and your former partner make and put in place informally now may be detrimental to you and those you care for, later down the track. As detailed in another resource, Why you may need to be cautious even in an amicable separation, even people with the very best of intentions for each other can have the whole experience unfold differently to what they intended, through no intentional fault of either party. What you don’t want to occur can become reality as we have seen for so many people who have waited too long to seek professional advice.
If you have children together, read on below. If you don’t have children, skip the section below to learn more about the processes in divorce. If you do not have children but have been in a de facto relationship, jump ahead to this section.
Why You Don’t Need to Wait to Establish Parenting Arrangements
Navigating separation and divorce well, when you have children, is essential.
If it is considered to be in the best interests of the children (as determined by law), to share the care of the children you have together, you will need to take steps to establish, at the very least, short term arrangements, until you can both reach an agreement that caters to the individual needs of your children.
With changes to parenting law that came into effect in 2024 and with more on the horizon, it is essential you seek advice from a family lawyer so you can be informed before you make or agree to any arrangements.
Find more information about parenting arrangements in the short and long term by visiting this dedicated children and parenting page as well as the related topics at the bottom of this page.
Why You Must Wait for a Divorce
The law (Family Law Act) requires the timing of 12 months to allow adequate time to consider the very final decision to divorce once and for all. What’s important during this time, regardless of how you or your former partner feel about your separation, is being mindful of what you agree to informally. Without having an understanding of the complexities of what you are agreeing to now, you may be compromised. Having a conversation with a specialist family lawyer will give you clarity on your next steps.
Keep in mind that once you seek advice from a lawyer you are not compelled to continue to engage them. The purpose is to get clarity on the likely outcome for you and your family and to find out if what you believe to be a good arrangement to resolve things, is in fact a good arrangement now and in the longer-term.
Time Limitations In Divorce & End of De Facto Relationships Relating To Financial Settlements
It is important to be aware that there are time limitations in relation to the finalisation of your financial settlement.
If married, once the Divorce Order has been granted, and if you have not already finalised your property settlement, you have 12 months to do so.
If you have been in a de facto relationship, you have two years from the date of separation to finalise your property settlement. For more information and resources specific to de facto relationships, visit this dedicated page.
What is the Best Next Step for Anyone Considering Separating or Who Has Separated?
As established, you can in fact do a property settlement at any time from the moment you separate. You can also establish formalised parenting arrangements.
In our experience, many people come to us with an understanding that they already had arrangements agreed upon with their former partner only to realise later that they have found themselves compromised by those informal agreements.
Sometimes the asset pool diminishes over the course of the separation, sometimes the financial implications of selling and dividing assets causes greater complications than could have been foreseen. All of these decisions are best discussed with a specialist family lawyer who has an understanding of the practical implications for you and your family in the long-term.
In essence, it is only the divorce that you need to wait 12 months for. Fortunately processes such as negotiation, mediation or collaborative practice mean that in many cases we are able to resolve by agreement without the need to ever attend Court.
People who come to us early in the piece are significantly more likely to have a better experience in what research suggests is one of the most difficult times of their lives. Like many things in life, getting early advice about your options sets a strong foundation for the future and allows you to make informed decisions.
Written by Fiona Caulley
Accredited Family Law Specialist
Director
Related Information
- Separation Checklist: Pre and Post Separation Recommendations to Secure Private and Confidential Information
- Guide: Separation & Divorce Resources for Parents [2024/2025]
- Separation & Divorce Myths - What to Know When Separating [2024 Update]
- Before You Separate: What to Ask a Lawyer and Common Mistakes Explained
- Why You May Need to be Cautious Even in an Amicable Separation
- How To Separate and Avoid Putting Yourself at a Disadvantage
- Divorce & Property Settlements: How To Finalise A Property Settlement Before EFOY
- What Is the Best Way to Separate From Your Spouse or Partner? How to End a Marriage or de Facto Relationship Well.
Additional Children & Parenting Resources, Property Settlement Resources, Same Sex Relationships, Separation & Divorce Resources Information
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