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How Long Does Divorce Take in Australia?

The timeline for divorce in Australia depends on whether it's mutual or contested. Waiting period: 12 months separation. Here's what to expect at each stage.

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Key Timelines

  • Waiting period: 12 months separation
  • Residency requirement: Australian citizen, resident, or domiciled; 12 months in Australia
  • Divorce type: No-fault (12 months separation)
  • Median duration of marriage at divorce: 12 years
  • Mutual consent/uncontested: typically the fastest path
  • Contested: can take 1–3+ years depending on complexity
  • Mediation can significantly speed up resolution

How to Divorce in Australia: Step-by-Step

  • 12 months separation: Must live separately and apart for 12 months. Can be under same roof with proof.
  • File application: At the Federal Circuit and Family Court. Can be sole or joint application.
  • Hearing: For sole applications, a brief hearing. Joint applications are usually decided on papers.
  • Divorce order: Takes effect 1 month after hearing (appeal period).
  • Property settlement: Separate from divorce. Must be filed within 12 months of divorce order.
  • Parenting orders: Can be applied for at any time — no deadline.

What Can Slow Things Down

  • Disagreements over property, custody, or support
  • Incomplete or disputed financial disclosures
  • Court backlogs and scheduling delays
  • International complications (assets or spouse abroad)
  • One spouse being uncooperative or unreachable
  • Appeals or motions during the process

Tips to Speed Up Your Divorce

  • Agree on as much as possible before involving the court
  • Complete financial disclosures thoroughly and promptly
  • Consider mediation or collaborative approaches
  • Be organized — gather all documents early
  • Hire an experienced local family law professional
  • Be realistic about outcomes — fighting costs time and money

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Legal Disclaimer: This article covers Australia divorce law for general informational purposes only and does not constitute legal advice. Laws change frequently. Always consult a qualified family law attorney or solicitor in Australia for advice specific to your situation.