On what grounds can I apply for divorce?

The only ground for divorce is the irretrievable breakdown of the marriage. A marriage is taken to have broken down irretrievably when both parties to the marriage have not been living as a married couple for at least 12 months and there is no chance of getting back together again. It does not matter who was at fault or whether both parties want a divorce.

From when does the 12 month period begin to run?

The 12 month period begins the day one or both parties leave the marriage.

Do I need to tell the other party that I am leaving the marriage?

You do not necessarily need to tell the other party, but you must make sure that you are leaving the marriage by your actions and at least in that way, you are clearly communicating it to them. Your actions might involve moving out of the same bedroom or accommodation or, if you are already living in separate accommodation, ceasing regular communication and commencing another relationship.

This is particularly important where you intend to separate under one roof (see Separation under one roof). In this case, although it is not necessary, it may be a good idea for you to tell the other that you are leaving the marriage, so there is no confusion and the other party does not hold out hope of you getting back together.

What if we tried to get back together, but then separated again?

After you separate you can try to get back together once (for up to 3 months), without having to start the whole 12 month separation period again. For example, if you separate for 3 months then get back together for 2 months, you only have to separate for a further 9 months before you can be considered to have been separated for at least 12 months [Family Law Act 1975 (Cth) s 50].

Isolated acts of sexual intercourse do not break the separation period [Feltus (1977) FLC 90-212].

Are there any other requirements?

Brief marriages

Until 10 June 2025, people married less than 2 years could not apply for divorce until they had either:

This requirement no longer applies. From 10 June 2025, those seeking a divorce need only show a separation period of at least 12 months, regardless of the length of their marriage.

Children of the marriage

If there are children of the marriage, the Court must be satisfied that proper arrangements have been made for the care, welfare and development of the children before granting divorce [Family Law Act 1975 (Cth) s 55A]. Children of the marriage includes any children under the age of 18 years who were living with the parties at the time of the separation.

Details about the children must be provided to the Court, including:

The Court has been reluctant to find that proper arrangements have been made where one party is not meeting their obligation to provide financial support for the children [see Opperman and Opperman (1978) 33 FLR 248].

The Registrar may ask further questions about these arrangements at the divorce hearing and, if completely satisfied, will make a declaration that, in all the circumstances, proper arrangements for the children's care, welfare and development have been made. In special circumstances, such as where the other party or the children cannot be found, these details are not needed for the divorce.

Although the Registrar has to approve the arrangements, they do not become court orders and are not enforceable as court orders. Separate applications must be made for parenting and child support orders.