How long does divorce take in Australia? For most applicants, the court processes an uncontested divorce within one to three months of filing. Before you can file, however, you must have been separated for at least 12 months and one day. That mandatory waiting period is where most of the time actually goes — not the court process itself.
In Australia, most uncontested divorce applications are decided within one to three months of filing, though the 12-month separation requirement must be satisfied first.
The Family Law Act 1975 requires couples to be separated for 12 months and one day before either party can apply for divorce. This period cannot be waived or shortened. It serves as confirmation that the marriage has irretrievably broken down.
Separation does not require a court order or a formal document. It begins when one spouse communicates to the other that the relationship is over and acts accordingly. You can be separated while living under the same roof, but you will need additional evidence — such as separate finances, separate bedrooms, and statutory declarations from third parties.
After filing, the Federal Circuit and Family Court of Australia (FCFCOA) typically lists divorce hearings within four to eight weeks. For joint applications where both parties sign, no court attendance is generally required and the order is often made on the papers.
For sole applications (where only one spouse files), the other spouse must be formally served with the documents. This adds time — usually one to three weeks — before the hearing can be scheduled.
A divorce order does not take effect immediately. Once the court grants the order, it becomes final one month and one day later. You receive your Divorce Certificate at that point and are legally free to remarry.
The total minimum timeline from separation to receiving a Divorce Certificate is therefore just over 13 months — 12 months of separation, plus the filing and hearing process, plus the one-month waiting period.
Several factors can extend the timeline beyond the typical one to three months:
• Service delays: If the other party cannot be located or refuses to accept documents, you may need to apply for substituted service — adding weeks to the process.
• Incomplete documentation: A missing or untranslated marriage certificate is one of the most common reasons applications are returned.
• Children under 18: Where there are children, the court must be satisfied that appropriate arrangements are in place. Inadequate parenting information can delay the order.
• Court workload: Filings peak in January and February each year, which can push hearing times out.
Divorce only ends the marriage. It does not automatically resolve property division or parenting arrangements. Once the divorce order is made final, a 12-month window opens in which you must commence property proceedings — miss it and you need court permission to proceed. Property and parenting matters can be resolved before, during, or after the divorce application.
The minimum total period is around 13 months — 12 months of separation plus roughly one to three months for the court process and the mandatory one-month waiting period before the order becomes final.
No. The 12-month separation period cannot be shortened. It is a statutory requirement under the Family Law Act 1975 and applies to all divorce applications in Australia.
For a joint application, court attendance is usually not required. For a sole application where there are children under 18, the applicant must attend a short hearing — which is frequently held by video link.
If you do not commence property proceedings within 12 months of the divorce order becoming final, you need leave (permission) from the court to proceed. Leave is granted only in limited circumstances, so act promptly.
The court filing fee for a divorce application in 2026 is approximately $1,060 for a standard application. A reduced fee applies if you hold a health care or pension card. This fee covers the application only — legal advice and representation are additional.
AussieLegal’s fixed-fee divorce service handles the entire application through the Commonwealth Courts Portal — account creation, all forms, and electronic lodgement. Call 1300 728 200 for a no-obligation discussion or visit our divorce page to get started.
One deadline most people overlook: once the divorce order is final, a 12-month window opens for property proceedings. It runs from the date the order takes effect, not from when you separated. Don’t let it close without acting on your property settlement.
The minimum journey from separation to Divorce Certificate is just over 13 months — 12 months of separation, one to three months for the court process, and a one-month waiting period before the order takes effect. Most people move through it faster than they expect once that separation window closes.
