- Reviewed by Rowena Ferrall, Principal Lawyer at Ferrall & Co Lawyers in Caloundra, Queensland.
- Last-reviewed date: April 2026
- Sources: “Cites Federal Circuit and Family Court of Australia, Queensland Government resources, and local Sunshine Coast legal services.”
How long does a divorce take in Australia? It typically takes around 3 to 6 months. This is assuming that the couple has completed the required 12-month separation period. Australian law uses no-fault divorce. That makes things a bit simpler. However, there are potential delays. You can minimise them with the right help.
Key takeaways
What Is the 12-Month Separation Rule?
Every couple must be separated for at least 12 months before divorcing. It’s important to be able to clearly establish the exact separation date. This can prevent confusion later on.
There are three criteria to establish a separation, and understanding the legal separation requirements in Australia can help you prepare your evidence properly:
At least one party must believe that the marriage has broken down without a reasonable likelihood of reconciliation.
That belief must be communicated to the other party.
At least one party must take steps to begin the separation.
Satisfying the last point usually involves one partner moving out. However, the parties may continue living in the same home during separation through an arrangement called ‘separation under one roof’. It’s crucial to be able to detail how your relationship has changed to show that you’re living separate lives, which is a key part of understanding Australia’s divorce process.
How long does a divorce take in Australia?
Let’s break down the divorce process and how long each step typically takes:
Divorce application. Completing the application could take a couple of days to a week. That depends on how organised you are and how closely you follow a step-by-step guide to applying for divorce. You can file with the Federal Circuit and Family Court of Australia through the Commonwealth Courts Portal.
Attend counselling. If you were married for less than 2 years, you’ll need to get a counselling certificate as part of your legal requirements, as explained in more detail in our complete divorce guidebook.
Serving the divorce papers. If you’re a sole applicant, you need to serve the application on your spouse. This can take 2 to 6 weeks, depending on how difficult it is to contact them. Service has to be done no later than 28 days before the divorce hearing date. If your spouse is overseas, don’t wait any later than 42 days before the hearing; following the important steps for serving divorce papers can help you avoid delays.
Court hearing. The hearing is usually about 6 to 8 weeks after filing. Joint applicants generally don’t need to attend court hearings. Sole applicants with children under 18 must attend. This is to ensure there are proper arrangements in place.
Divorce order granted. There is a mandatory waiting period after applying. Your divorce comes into effect one month and one day after the divorce order is issued.
Download our FREE Divorce Checklist for more information on what to do next.
Total time required to get a divorce order
Considering all of the necessary steps, the length of divorce proceedings generally works out to the following:
Joint application. 3 to 4 months from the date of application.
Sole application. 4 to 6 months from the date of application.
Avoid common delays in divorce proceedings
Here are some tips to speed up the process and avoid common reasons that divorces get delayed:
Double-check your documentation. Incomplete or incorrect paperwork is a common issue, so make sure you understand what divorce papers you need before filing. Ensure you have the necessary supporting paperwork, such as:
Marriage certificate.
Affidavits explaining situations like ‘separation under one roof’.
Proof that you’re an Australian citizen or regard Australia as your home.
Use the separation period. You can organise your divorce property settlement, including spousal maintenance, and parenting arrangements during your separation, often with the help of a lawyer for property settlement. This means once your divorce is granted, you’ve taken care of all of your family law matters.
Service issues. Some former spouses try to avoid service. A lawyer may advise you on how to make reasonable attempts to serve them. Alternative options could include things like substituted service, as outlined in our guide to serving divorce papers in Australia.
From our clients
I cannot recommend Rowena more highly! She is a caring lawyer that fights for her clients and she will ensure you get the best possible result. There is no one better! If you need legal assistance call Ferrall & Co Lawyers and you wont regret it. They will help you through the process making sure you feel supported every step of the way.
- Kassandra Neilson
Conclusion
Divorce can seem like a complicated process. Once you understand the timeline and the steps, including how to apply for divorce in Australia, you can prevent unnecessary delays. A good lawyer can help you navigate the process and settle other matters. These could include property division and child custody, and many people find it useful to work through a complete guide to the divorce process, including how long does a divorce take in Australia?
Take Control of Your Finances During Divorce
Download our free Divorce Budget Template to plan clearly, reduce stress, and make informed decisions.
Are you looking to apply for a divorce?
Contact us today and let our Caloundra family lawyers at Ferrall & Co assist with your application for divorce, including more complex situations handled by our Aroona divorce and family law team. For further information, we can set up a free consultation with Ferrall & Co. Lawyers in Caloundra.
