While the law about marriage is in the Marriage Act 1961 (Cth), the law about divorce is in the Family Law Act 1975 (Cth).

What is divorce?

Divorce is the legal end of a marriage. It is generally taken to revoke any gift or power conferred under a will made by either party to the marriage. See Changing a will for more information.

A divorce does not resolve other issues that arise upon separation, such as the division of property, the provision of maintenance or parenting arrangements for children. These issues must be resolved separately and preferably before applying for divorce.

Parties have 12 months after a divorce order takes effect to resolve any issues regarding the division of property or the payment of maintenance or to apply to the Court for such orders. An extension of time may be requested but will not always be granted [see Family Law Act 1975 (Cth) s 44(3)].

Divorce applications are heard in the Federal Circuit and Family Court of Australia. Application forms and further information can be found on their website.