Divorcing in Australia typically takes around 16 months in total, combining a mandatory 12-month separation period and approximately 3–4 months of court processing through the Federal Circuit and Family Court of Australia (FCFCOA).
Under the Family Law Act 1975 (Cth), no couple can apply for divorce until they have lived separately for at least one continuous year, and once the application is filed, it generally takes a few additional months before the divorce order becomes final.
While straightforward, uncontested cases may be completed within that timeframe, factors such as disputes over children, incomplete documentation, or difficulties serving the other party can extend the process substantially.
This article explains each legal stage, the key factors that affect duration, and practical steps to ensure your divorce progresses as efficiently as possible under Australian law.
Understanding the Divorce Timeline Under Australian Law
Divorce in Australia is governed by the Family Law Act 1975 (Cth) and administered through the Federal Circuit and Family Court of Australia (FCFCOA). The process is structured, predictable in its statutory framework, yet flexible in duration depending on individual circumstances.
At its core, the duration of divorce in Australia is determined by:
- The mandatory 12-month separation period before filing;
- The administrative and procedural steps required by the Court; and
- External factors, such as disputes over children, service issues, or incomplete documentation.
Even in the most straightforward cases, a divorce cannot be completed in less than approximately 16 months from the date of separation.
The Legal Prerequisite: The 12-Month Separation Period
Under s 48(2)–(3) of the Family Law Act 1975, parties must have been separated for at least 12 months before lodging a divorce application. The law recognises that separation can occur even if the spouses remain under the same roof, provided there is sufficient evidence that the marital relationship has ended in all but name.
If reconciliation occurs for more than three months, the separation period resets. This provision exists to ensure that divorce is pursued only after genuine and sustained separation.
Filing the Divorce Application
Once the separation period is complete, a party (or both parties jointly) may apply for divorce through the Commonwealth Courts Portal.
Two types of applications exist:
- Joint applications, where both parties cooperate, generally progress more efficiently and rarely require a hearing.
- Sole applications require the applicant to serve the respondent with court papers, and the Court must be satisfied that proper service has occurred before hearing the matter.
If there are children under 18, s 55A of the Act requires the Court to be satisfied that proper arrangements for their care, welfare, and development have been made. This is a frequent cause of delay when parties disagree on parenting arrangements.
Hearing and Granting of the Divorce Order
Once the application is lodged:
- A hearing date is usually set within 6–10 weeks.
- If the Court is satisfied that jurisdictional and procedural requirements are met, it grants the Divorce Order at the hearing.
- The order becomes final one month and one day after it is made (unless otherwise ordered under s 55(1)).
This statutory waiting period exists to provide a final opportunity for appeal or reconciliation before the legal dissolution takes effect.
Typical Timeline Overview
Under the Family Law Act 1975 (Cth), the divorce process in Australia generally unfolds as follows:
- Separation (minimum 12 months): Parties must be separated for at least one continuous year before applying for divorce, as required by s 48(2)–(3) of the Family Law Act 1975.
- The separation period can include living “under the same roof,” provided there is clear evidence of the breakdown of the marriage.
- Any reconciliation lasting more than three months resets the 12-month period.
- Preparing and filing the divorce application (2–8 weeks): Applicants must gather supporting documents — affidavits, marriage certificates, and evidence of separation if relevant — before lodging the application via the Commonwealth Courts Portal.
- Timeframes vary depending on document readiness and lawyer involvement.
- Service of documents (2–6 weeks): For sole applications, service must comply with FCFCOA Rules 2021; the respondent must be properly notified of the proceeding.
- If the respondent cannot be located, substituted or dispensation of service applications may add further delay.
- Court hearing and divorce order (approximately 1–2 months): Once the matter is listed, the Court reviews the application.
- If all requirements are met, the Court grants a Divorce Order at or after the hearing.
- Joint applications with no children under 18 are often processed without attendance.
- Finalisation of divorce (1 month + 1 day after order): The divorce becomes legally effective one month and one day after the order is made, unless the Court specifies otherwise under s 55(1).
- During this period, the parties remain legally married and cannot remarry.
- Total minimum timeframe: approximately 16 months: When combining the 12-month statutory separation with the average 3–4 months of administrative and court processing, a straightforward, uncontested divorce typically takes around 16 months from separation to finalisation.
For a detailed overview of the process, see our guide on how to file for divorce in Australia.
Factors That Commonly Extend the Timeline
Even though the statutory framework outlines a relatively straightforward process, in practice, very few divorces proceed with absolute efficiency. The Federal Circuit and Family Court of Australia operates under procedural and evidentiary safeguards designed to ensure fairness — but these same safeguards can introduce delays when parties encounter complications.
Understanding the most common factors that extend the divorce timeline helps applicants anticipate potential hurdles and take proactive steps to avoid unnecessary setbacks.
1. Disputed Separation or Service Issues
If the date of separation is contested or the respondent cannot be located, the applicant must apply for substituted or dispensation of service under the FCFCOA Rules 2021 r 2.28 – 2.31. These procedural applications can add weeks or months to the process.
2. Presence of Children Under 18
The Court is under a statutory duty to ensure that appropriate arrangements exist for any minor children. If affidavits or evidence of parenting arrangements are insufficient, the hearing may be adjourned until adequate proof is provided.
3. Incomplete or Defective Documentation
Affidavit evidence of separation (particularly when living under the same roof), unsigned forms, or missing service affidavits frequently lead to adjournments. Each adjournment can delay the order by several weeks.
4. Contested Proceedings
Although divorce itself is generally a “no-fault” process, related disputes—such as property settlement or parenting orders—can complicate the overall process. Contested matters may require multiple appearances and can stretch beyond a year.
5. Court Backlog and Scheduling
The FCFCOA operates under significant caseloads, and listing times may vary between registries. Peak periods (e.g., post-holiday filings) can lead to delays in scheduling hearings.
If your case involves complex factors such as overseas service or custody disputes, it’s highly advisable to find a family lawyer to navigate the procedure efficiently and prevent procedural setbacks.
Case Scenarios: How Timelines Differ
While the typical divorce process in Australia follows a predictable pathway, the actual duration varies considerably depending on the level of dispute, presence of children, and procedural issues such as service or overseas involvement. Below are common real-world scenarios illustrating how timelines differ:
- Uncontested divorce with no children
- Usually finalised in around 16 months (12 months of separation plus 3–4 months of court processing).
- The matter is straightforward, requires minimal documentation, and rarely involves a court appearance.
- Divorce involving children under 18
- Often extends to 18–20 months due to the Court’s statutory obligation under s 55A of the Family Law Act 1975 to ensure that suitable parenting arrangements are in place.
- Affidavits outlining the children’s care, schooling, and living conditions may be required before the Court grants the order.
- Contested divorce (disputed separation, property, or parenting issues)
- Can take 20–30 months or longer, depending on the complexity and the number of hearings required.
- The process may include interim hearings, additional affidavits, and even cross-examination if factual disputes exist.
- Service complications (respondent overseas or missing)
- The duration becomes highly variable, sometimes extending up to 24 months or more.
- Applicants may need to apply for substituted service or comply with Hague Convention procedures for international notification.
In essence, while the statutory pathway is fixed, the practical timeline is highly elastic — often shaped by the degree of cooperation, document readiness, and jurisdictional challenges unique to each case.
Practical Steps to Prevent Delay
Understanding what causes delay is only half the equation — the other half is knowing how to prevent it. The law provides clear procedural steps for obtaining a divorce, but even minor oversights can result in unnecessary postponements. Before filing, applicants should take practical measures to streamline the process and minimise disruption.
- Agree and document the separation date early. Misunderstandings here are the most common reason for adjourned hearings.
- Opt for a joint application where possible; it avoids service issues entirely.
- Prepare all affidavits meticulously. Courts are strict about evidence under Rule 2.22 FCFCOA Rules 2021.
- Engage legal counsel to review the application before filing; minor procedural oversights often cause significant delays.
- Avoid conflating divorce with property settlement. The divorce order merely dissolves the marriage; financial and parenting matters are distinct proceedings.
- Track deadlines. Once the divorce order becomes final, any property settlement application must be filed within 12 months (s 44(3) Family Law Act 1975).
Frequently Asked Questions
Even with a clear overview of the process, many separating couples still have questions about how specific rules and timeframes apply to their circumstances. The following FAQs address some of the most common queries about divorce timelines, waiting periods, and procedural requirements under Australian family law.
1. What is the official waiting period before filing for divorce in Australia?
A minimum of 12 months’ separation is required under the Family Law Act 1975 (Cth). This rule applies regardless of the reasons for separation and cannot be shortened by agreement.
2. How long does it take for a divorce order to become final after the hearing?
The divorce becomes legally effective one month and one day after the order is made, unless the Court specifies otherwise. During this period, the parties remain legally married and cannot remarry.
3. Can the process be faster if there are no children or property issues?
Yes. If the matter is uncontested, properly documented, and there are no children under 18, the post-filing stage may take only three to four months. However, the 12-month separation period remains mandatory.
4. What happens if one spouse cannot be located?
The applicant may apply for substituted service or dispensation of service, allowing notice to be given via alternative means (email, social media, family contact). These applications must satisfy the procedural rules and can delay the hearing.
5. Does the cost of divorce affect the timeline?
Indirectly, yes. Financial hardship may delay the filing or preparation of documents. The current filing fee (as at 2025) is approximately $1,125, with a reduced fee available for concession-card holders.
6. How long does a divorce take if children are involved?
Divorces involving children typically take several months longer, as the Court must be satisfied that arrangements for care and welfare are appropriate. Parenting disputes, if any, are handled separately but may influence the Court’s readiness to grant the divorce.
Summary: Setting Realistic Expectations
Under Australian family law, divorce cannot occur in haste. Between the statutory 12-month separation and procedural processing, the minimum realistic duration is around 16 months. Complexities such as children, contested issues, or service abroad can double that timeframe.
Understanding each procedural step—and addressing potential pitfalls early—allows applicants to plan their legal and personal transitions with clarity and confidence.
For tailored legal advice or to connect with a qualified divorce lawyer near you, visit LegalFinda to explore vetted practitioners experienced in Family Law and FCFCOA procedures.
