A joint application divorce in Australia generally takes around 3 to 6 months from filing to finalisation.
This assumes both spouses have been separated for at least 12 months under section 48 of the Family Law Act 1975 (Cth) and have lodged a complete, compliant application with the Federal Circuit and Family Court of Australia (FCFCOA).
Because the parties apply together, a joint application avoids procedural delays associated with service or dispute. The application is typically reviewed by the Court within 4–8 weeks, and once the Divorce Order is granted, it becomes final one month and one day later.
Counting the statutory separation period, a joint divorce usually concludes within 15 to 18 months from the date of separation. This guide outlines each legal stage, explains the statutory framework, and identifies practical factors that may accelerate—or delay—the process.
What Is a Joint Application for Divorce?
A joint application is a cooperative process where both spouses jointly apply for divorce under the Family Law Act 1975 (Cth). It signifies mutual consent that the marriage has ended irretrievably and that both parties wish to dissolve it without contest.
Because there is no respondent in a joint application, the procedural burden is lighter:
- No formal service of documents is required.
- Court attendance is usually unnecessary unless there are children under 18.
- Processing times are typically faster than sole applications.
The Federal Circuit and Family Court of Australia reviews the application on paper, confirms jurisdictional eligibility (citizenship, domicile, or residence), and grants a Divorce Order if satisfied that the marriage has broken down irretrievably.
If you’re filing jointly, understanding how long a joint application takes can help plan your timeline.
Legal Framework and Core Requirements
Before examining the timeline in detail, it’s essential to understand the legal framework that governs divorce in Australia.
Every application — whether joint or sole — must comply with strict statutory requirements set out under the Family Law Act 1975 (Cth) and the Federal Circuit and Family Court of Australia (Family Law) Rules 2021.
These provisions outline who can apply, when an application becomes valid, and the procedural standards that determine how quickly a joint divorce can proceed. If you’re unsure about jurisdiction, eligibility, or documentary compliance, seeking early advice from a professional can make a major difference. Consider finding family lawyer assistance through LegalFinda’s verified network for guidance before you file.
1. Separation Period
Before filing, the parties must have been separated for at least 12 months and one day, as required by s 48 (2)–(3) Family Law Act 1975 (Cth).
Separation can occur even if the spouses continue living under one roof, provided there is objective evidence of the relationship’s breakdown.
2. Eligibility and Jurisdiction
At least one spouse must:
- regard Australia as their permanent home; or
- be an Australian citizen (by birth, descent, or grant of citizenship); or
- have lived in Australia ordinarily for the 12 months before filing.
3. Marriage Under Two Years
If the marriage is under two years, s 44(1B)–(1C) requires parties to either complete marriage counselling or seek permission from the Court to proceed without it.
The Joint Divorce Timeline in Practice
A realistic joint-application timeline typically unfolds as follows:
- Preparation and Filing (2–4 weeks): Gathering documents — marriage certificate, affidavits (if separated under one roof), and verifying eligibility before lodging through the Commonwealth Courts Portal.
- Court Review and Listing (4–8 weeks): The FCFCOA reviews the application for compliance. If satisfied, a hearing date is allocated (usually administrative in nature).
- Divorce Order Granted: If the Court is satisfied that jurisdiction and separation requirements are met, it grants the Divorce Order. Attendance is not required unless there are children under 18.
- Order Becomes Final (+ 1 month + 1 day): Under s 55(1), the Divorce Order takes effect one month and one day after it is made, finalising the dissolution of marriage.
Total duration: From filing to finalisation — approximately 3 to 6 months. Including the 12-month separation requirement — approximately 15 to 18 months from separation to completion.
Why Do Timelines Differ Between Cases?
The duration of a joint application divorce can vary between couples because several legal and procedural factors influence how quickly the Court can finalise the matter.
Even though the process is more efficient than a sole application, each case is assessed individually under the Family Law Act 1975 (Cth) and the Federal Circuit and Family Court of Australia Rules 2021.
The main reasons timelines differ include:
- Children under 18: If there are minor children, the Court must confirm that appropriate care and living arrangements exist under section 55A of the Family Law Act. This additional scrutiny can extend the review process.
- Incomplete or incorrect documents: Missing signatures, incorrect details on affidavits, or outdated marriage certificates can cause the Court to adjourn or request re-filing, adding several weeks to the process.
- Separation under one roof: Couples who remain in the same residence must file affidavit evidence from each spouse (and often a third party) to prove they have lived “separately and apart.” This extra documentation typically delays approval.
- Court workload and regional registry delays: Processing times vary between registries depending on local caseloads. Metropolitan registries generally move faster than regional ones, but periods of backlog can extend hearings by several weeks.
- Concurrent financial or parenting disputes: While divorce proceedings are separate from property settlement or parenting orders, ongoing disputes can slow the process as parties focus on resolving those parallel issues before finalisation.
In essence, the timeline for a joint divorce depends on preparation, accuracy, and circumstance. When both parties cooperate fully, provide complete documentation, and have no dependent children or contested issues, the process often completes within 3 to 6 months after filing.
Practical Considerations
While the legal requirements for a joint divorce are fixed, the way couples manage the process in practice can significantly affect how smooth or delayed the outcome becomes.
Understanding these practical realities — especially when living under one roof, reconciling briefly, or handling documents — helps ensure the divorce proceeds efficiently and without unnecessary setbacks.
Living Under One Roof
Couples may remain in the same household during separation for financial or parenting reasons. In these cases, evidence must demonstrate that the marriage has ended in substance — separate bedrooms, separate finances, minimal joint social life, and clear communication of intent to end the relationship.
Short Reconciliations
Under s 48(6), a reconciliation of less than three months does not restart the separation clock. However, if the reconciliation lasts longer than three months, the 12-month period must restart.
Legal Representation
Engaging a family-law solicitor can significantly reduce delays by ensuring documents are correct and compliant with FCFCOA Rules 2021. Lawyers also manage Portal filings, affidavit drafting, and communication with the Registry to avoid administrative rejection.
Frequently Asked Questions
Even with clear legal procedures, many separating couples still have questions about how long a joint divorce takes, what documents are needed, and what circumstances might delay approval.
The following frequently asked questions address the most common concerns raised by clients and searchers — offering straightforward legal explanations drawn from Australian family-law practice.
How long does a joint application divorce take in Australia?
From filing to finalisation, about 3 to 6 months, depending on Court backlogs and document accuracy. When including the mandatory 12-month separation, the total duration is around 15 to 18 months.
Can a joint divorce be expedited?
Generally no. The 12-month separation period is set by statute and cannot be waived. Expedition is possible only in exceptional circumstances where the Court exercises discretion (for example, terminal illness or imminent remarriage issues).
What documents are required for a joint divorce?
Marriage certificate, proof of citizenship or residency, completed application form, and affidavit evidence if separated under one roof. Supporting witness statements may also be required.
How does a joint divorce compare to a contested divorce?
Joint applications are faster and simpler because there is no respondent or dispute. Contested divorces often require multiple hearings and can extend 12–24 months beyond the initial filing.
How do lawyers help speed up the process?
Lawyers ensure that applications meet FCFCOA filing standards, manage affidavit evidence, monitor Portal progress, and rectify issues before the Court reviews them — preventing adjournments and duplicate filings.
What is the quickest joint divorce timeline without children?
When there are no children under 18 and all documents are complete, the divorce order can be finalised in as little as 3 months post-filing (in registries with light caseloads).
Conclusion
A joint application divorce is the most efficient pathway to formally end a marriage under Australian law. By filing together, spouses streamline the process and avoid unnecessary procedural hurdles.
Even so, the 12-month statutory separation period cannot be shortened, making preparation and documentation critical to keeping the process within the 3-to-6-month window after filing.
For accurate advice and professional assistance with filing a joint divorce, couples can connect with verified Family Law practitioners through LegalFinda — ensuring the process is handled efficiently, lawfully, and with confidence.
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