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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- ✓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
Every situation is different
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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.