Do I have to go to court to get divorced in Australia?
Divorce in Australia is no-fault: the only ground is that the marriage has broken down irretrievably, shown by living separately for at least 12 months. You don't prove who was to blame, and in most cases you don't need to set foot in a courtroom.
The 12-month separation rule
You must be separated for 12 months and one day before applying. You can be 'separated under one roof' (still living in the same home) — that just needs to be evidenced.
Joint vs sole application
If you apply jointly, neither of you normally needs to attend the hearing. If you apply on your own and there are children under 18, you may need to attend a short hearing.
Divorce is separate from property and children
A divorce order ends the marriage — it does not resolve property division or parenting arrangements. Those are dealt with separately, and there are time limits (generally 12 months after the divorce) to formalise a property settlement.
How it's done
Applications are made online through the Commonwealth Courts Portal. Many people use a lawyer to make sure the paperwork, service and evidence are correct, especially where children or 'separated under one roof' arrangements are involved.
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Common questions
How long does a divorce take?
After you've been separated 12 months and apply, a divorce order is typically finalised a couple of months later, once the court is satisfied the requirements are met.
Do we need to agree on everything first?
No — you can be divorced without having settled property or parenting. But it's wise to sort those out (and mind the time limits) rather than leaving them open.
What if we can't agree on the children?
Parenting disputes are handled separately, usually starting with family dispute resolution (mediation) before any court involvement.