A dissolution of marriage is the formal legal process that ends a marriage. In Australia, this process is generally called a divorce, and the court makes a divorce order when the legal requirements are satisfied. Although the application itself can be relatively straightforward, separation dates, service requirements, children, overseas marriages and financial deadlines can make some cases more complicated.
For Australians researching divorce, one of the most important points to understand is that ending the marriage is only one part of separation. A divorce does not automatically decide who keeps the family home, how assets are divided, whether one person pays spousal maintenance, or how children spend time with each parent.
In practice, many avoidable problems arise because people assume these issues are dealt with together. They usually are not. Therefore, understanding what a dissolution of marriage actually does, and what it leaves unresolved, can help you make better decisions before filing.
This article provides general information about Australian family law. Court forms, eFiling, document service and similar steps are administrative requirements. They should not be treated as personalised legal advice.
What Is Dissolution of Marriage?
Dissolution of marriage is the legal termination of a marriage through a divorce order. In Australia, divorce is based on the irretrievable breakdown of the marriage, usually demonstrated by at least 12 months of separation. Divorce ends the marriage but does not automatically resolve property, financial or parenting arrangements.
Table of Contents
- What dissolution of marriage means in Australia
- Australia’s no-fault divorce system
- Eligibility for dissolution of marriage
- The 12-month separation requirement
- Separation under one roof
- How to apply for dissolution of marriage
- Sole versus joint divorce applications
- Documents you may need
- Serving a sole divorce application
- Divorce hearings and final orders
- Dissolution of marriage costs in Australia
- Children and divorce
- Property and financial issues after divorce
- Overseas marriages and Australian jurisdiction
- Dissolution of marriage in Western Australia
- Common divorce application mistakes
- Practical dissolution of marriage checklist
- When professional legal advice may help
- People Also Ask
- Dissolution of marriage Q&A
- Conclusion
What Does Dissolution of Marriage Mean in Australia?
The phrase dissolution of marriage simply refers to legally ending a valid marriage. However, Australia’s current family-law legislation and courts generally use the terms “divorce” and “divorce order”.
The governing federal legislation is the Family Law Act 1975. Section 48 provides that an application for divorce is based on the marriage having broken down irretrievably. The legislation generally establishes this through a continuous period of separation of at least 12 months, provided there is no reasonable likelihood that married life will resume.
You can review the official Family Law Act 1975 for the legislative framework.
Importantly, divorce is about your legal marital status.
It does not, by itself:
- divide your house, savings, businesses or investments;
- decide responsibility for debts;
- create parenting orders;
- determine child support;
- settle superannuation entitlements;
- determine spousal maintenance; or
- resolve every financial consequence of separation.
Therefore, a person can be legally divorced while property or parenting matters remain unresolved.
Conversely, separating spouses can finalise many financial or parenting issues before obtaining a divorce.
That distinction is important because divorce may trigger time limits for certain financial claims.
Australia Uses No-Fault Dissolution of Marriage
Australia operates a no-fault divorce system.
This means the Court does not grant or refuse a divorce based on which spouse caused the relationship to fail. Adultery, arguments, financial disagreements or other relationship conduct do not normally need to be proved to obtain the divorce itself.
Instead, the key question is whether the marriage has broken down irretrievably.
According to the Federal Circuit and Family Court of Australia, the Court does not investigate why a marriage ended when deciding whether to grant a divorce.
That approach serves an important purpose. It separates the legal termination of the marriage from disputes about conduct between spouses.
However, that does not mean conduct is irrelevant to every family-law issue. Certain conduct can still matter in other proceedings, particularly where family violence, financial misconduct, safety concerns or parenting issues arise.
For the dissolution of marriage itself, however, there is only one legal ground: irretrievable breakdown.
Eligibility for Dissolution of Marriage in Australia
Before applying for a divorce, you need to establish that the Australian court has jurisdiction and that the required period of separation has occurred.
Generally, either you or your spouse must have a sufficient connection with Australia.
The Federal Circuit and Family Court of Australia states that an application can generally be made if either spouse:
- is an Australian citizen;
- regards Australia as their home and intends to live here indefinitely; or
- ordinarily lives in Australia and has lived here for the required period before filing.
The Court provides detailed eligibility guidance through its official divorce application guidance.
You will also ordinarily need evidence of your marriage, most commonly a marriage certificate.
What if your marriage certificate is missing?
If you were married in Australia, you may be able to obtain an official certificate from the relevant state or territory Registry of Births, Deaths and Marriages.
If you married overseas, the relevant overseas authority may issue a replacement.
Where an acceptable marriage certificate cannot be obtained, additional evidence may be necessary.
What if the certificate is not in English?
A foreign-language marriage certificate generally needs an appropriate English translation and supporting documentation.
The Court’s current guidance refers applicants to appropriate translation processes and affidavit requirements.
Because document requirements can change, check the Court’s current instructions before filing rather than relying on an old divorce checklist.
The 12-Month Separation Rule for Dissolution of Marriage
One of the most important requirements is separation.
Under the Family Law Act, spouses generally must have been separated for a continuous period of at least 12 months before a divorce application is filed.
The Court’s practical guidance describes the filing point as 12 months and one day after separation.
For example, if a couple separated on 10 September 2025, they should not assume they can file on 10 September 2026. The precise calculation should be checked before filing.
Separation involves more than moving house
Physical distance is not the only test.
A separation occurs when the marital relationship has ended and at least one spouse regards the marriage as over.
In some situations, determining the exact separation date is simple. For example, one spouse may move into another property and clearly communicate that the relationship has ended.
In other situations, it is less clear.
Common complications include:
- spouses continuing to live together;
- temporary reconciliations;
- separate bedrooms but shared finances;
- one spouse believing the relationship ended earlier than the other;
- periods spent overseas;
- continued household duties; and
- inconsistent statements about the separation date.
For that reason, keeping a clear record of the separation date can be useful.
Dissolution of Marriage While Living Under One Roof
Australian law recognises that couples can separate while continuing to live in the same house.
This is commonly called separation under one roof.
Section 49 of the Family Law Act specifically recognises that people may be separated even though they continue living in the same residence.
This matters because many separated couples cannot immediately maintain two households.
For example, they may stay in the same home because of:
- housing costs;
- mortgage obligations;
- children;
- rental availability;
- disability;
- caring responsibilities; or
- practical financial limitations.
However, living under one roof can require additional evidence when seeking dissolution of marriage.
The Court may need information demonstrating that the relationship genuinely changed.
Relevant factors can include changes to:
- sleeping arrangements;
- shared meals;
- household duties;
- financial arrangements;
- social activities;
- communication with friends and relatives;
- presentation of the relationship publicly; and
- personal aspects of the relationship.
Applicants who lived under the same roof during part or all of the relevant separation period may need affidavit evidence. Depending on whether the application is sole or joint, evidence from the spouses and potentially another person who knows the circumstances may be relevant.
The key point is that sharing an address does not automatically prevent divorce.
How to Apply for Dissolution of Marriage in Australia
For most of Australia, divorce proceedings are dealt with through the Federal Circuit and Family Court of Australia.
Applications are generally filed electronically through the Commonwealth Courts Portal.
Western Australia has a different court and online filing structure, which is discussed later in this guide.
A typical dissolution of marriage process involves the following stages.
Step 1: Confirm eligibility
Check jurisdiction, your separation period and whether there is any realistic dispute about the date of separation.
Step 2: Gather documents
Usually, this includes your marriage certificate and any additional evidence required because of your circumstances.
Step 3: Decide between a sole and joint application
One spouse can apply alone, or both spouses can apply together.
Step 4: Complete the application
Provide accurate information about the marriage, separation, jurisdiction and any children under 18.
Step 5: File the application
Applications outside Western Australia are generally eFiled through the Commonwealth Courts Portal.
Step 6: Pay the filing fee or seek a reduced fee if eligible
Court filing fees are set under federal regulations and are periodically adjusted.
Step 7: Arrange service if necessary
A sole applicant normally needs to ensure that the other spouse is formally served.
Step 8: File evidence of service
The appropriate service documentation needs to be lodged before the matter is determined.
Step 9: Deal with any hearing requirements
Many straightforward applications can be determined without personal attendance. However, attendance may still be required in particular situations.
Step 10: Wait for the divorce order to become final
Obtaining a divorce at the hearing does not ordinarily mean the marriage legally ends that same day.
Sole vs Joint Dissolution of Marriage Applications
Australian spouses can generally choose between a sole divorce application and a joint application.
| Issue | Sole application | Joint application |
| Who applies? | One spouse | Both spouses |
| Other spouse must agree? | No | Yes, both participate |
| Formal service usually required? | Yes | No |
| Respondent can file a response? | Yes | Not applicable in the same way |
| Administrative complexity | Usually higher | Often simpler |
| Suitable where communication is difficult? | Often | Usually not |
| Can divorce still proceed without spouse’s consent? | Potentially, if legal requirements are satisfied | Both parties are applicants |
A joint application can reduce some procedural work because formal service on the other spouse is generally unnecessary.
However, a joint application does not mean the spouses must agree about parenting arrangements, property or financial matters.
They are agreeing to make the divorce application together, not necessarily agreeing about every consequence of separation.
Documents Commonly Needed for Dissolution of Marriage
The documents needed depend on the circumstances.
However, applicants commonly need to consider:
- marriage certificate;
- identification or evidence relevant to Australian jurisdiction;
- translated marriage certificate where necessary;
- affidavits for separation under one roof;
- documentation explaining unusual separation circumstances;
- service documents for sole applications; and
- details about children under 18.
Applicants should answer court forms carefully.
Small inconsistencies can cause delays.
For example, if the name used in your application does not match your marriage certificate, the Court may require an explanation or supporting evidence.
Likewise, an unclear separation date may result in questions about whether the minimum period has actually elapsed.
From a practical family-law perspective, checking dates, names and documents before filing is far easier than trying to correct avoidable inconsistencies later.
Serving a Sole Divorce Application
Service is one of the most important administrative differences between sole and joint applications.
If you file a sole application for dissolution of marriage, the other spouse must generally receive the required documents through an approved service process.
You cannot normally hand-serve the documents on your spouse yourself.
The Court explains that another adult, such as a friend, family member or professional process server, may undertake personal service.
For a respondent in Australia, divorce documents generally need to be served at least 28 days before the hearing.
If the spouse is overseas, the usual minimum period is 42 days before the hearing.
What if you cannot locate your spouse?
Losing contact with a spouse does not necessarily make dissolution of marriage impossible.
However, you cannot simply ignore service requirements.
Depending on the evidence, an applicant may seek orders relating to:
- substituted service; or
- dispensation of service.
Substituted service allows documents to be brought to the person’s attention in another approved way.
For example, depending on the circumstances and what the Court permits, that could involve electronic communication or another person likely to bring the documents to the respondent’s attention.
Dispensation of service is more significant because it allows the requirement to serve the spouse to be removed.
The Court states that substantial evidence is required where a person seeks dispensation because the respondent cannot be located.
Professional advice can be particularly valuable in these cases.
Do You Have to Attend a Dissolution of Marriage Hearing?
Not every applicant needs to attend a divorce hearing.
Changes that commenced in June 2025 simplified attendance requirements.
Previously, the existence of children under 18 could affect whether a sole applicant needed to attend. Current rules allow more applications to be determined without attendance.
The Court states that attendance is generally required in circumstances including where:
- an applicant has asked to attend;
- a respondent requests attendance in certain cases involving children;
- a response opposing divorce has been filed; or
- an application concerning substituted service or dispensation of service needs to be considered.
Therefore, do not assume a hearing always means travelling to a courthouse.
Equally, do not assume your attendance can never be required.
Check the instructions provided for your particular application.
When Does the Dissolution of Marriage Become Final?
A divorce order usually does not take effect immediately when the Court grants the divorce.
The Federal Circuit and Family Court states that, in most cases, a divorce becomes final one month and one day after it is granted, unless the Court makes a special order changing that period.
This distinction matters for several reasons.
For example:
- you cannot remarry until the divorce has legally taken effect;
- financial time limits may run from the date the divorce becomes effective; and
- your official divorce order becomes important evidence of your marital status.
For that reason, couples planning a future wedding should allow enough time for the divorce to become final.
Unexpected problems with service or evidence can delay an application, so relying on an anticipated divorce date before arranging a remarriage can create unnecessary risk.
Dissolution of Marriage Costs in Australia
Court fees change periodically.
As of 1 July 2026, the Federal Circuit and Family Court of Australia’s published filing fee for an Application for Divorce is $1,170.
A reduced divorce filing fee of $390 applies for eligible applicants.
Eligibility for the reduced fee can depend on matters such as qualifying government concession cards, Legal Aid status, specified government payments or financial hardship criteria.
For joint applications, specific eligibility rules apply to the reduced fee.
These court fees are separate from legal professional fees.
Additional costs may also arise for:
- obtaining replacement certificates;
- certified translations;
- process servers;
- affidavit preparation;
- legal advice; or
- separate property or parenting proceedings.
Because court fees are indexed and can change, always confirm the current amount immediately before filing.
Children and Dissolution of Marriage
Divorce does not determine parenting arrangements.
However, children under 18 remain relevant to the divorce application.
The Court requires information about arrangements for children of the marriage who are under 18.
Depending on the circumstances, information may cover areas such as:
- where the child lives;
- schooling;
- health;
- financial support;
- care arrangements; and
- contact with parents.
This does not mean the divorce Court is making detailed parenting orders through the divorce application.
Instead, the Court considers whether appropriate arrangements exist or whether there is a sufficient explanation of the circumstances.
If parents require legally enforceable arrangements about parental responsibility, living arrangements or time with children, separate family-law processes may be needed.
Therefore, it is helpful to think of divorce and parenting proceedings as two distinct legal issues.
Dissolution of Marriage and Property Settlement
One of the most significant misconceptions about divorce is that the divorce order divides property.
It does not.
A dissolution of marriage changes legal marital status. Property settlement deals with financial interests.
Those interests might include:
- the family home;
- investment properties;
- bank accounts;
- shares;
- superannuation;
- businesses;
- trusts;
- vehicles;
- personal property;
- liabilities; and
- other financial resources.
Some separating couples resolve financial arrangements well before divorce.
Others divorce first.
However, delaying financial advice after divorce can be risky.
For married couples, applications for certain property or financial orders generally need to be commenced within 12 months after the divorce order takes effect, unless an exception applies, such as obtaining the Court’s permission to proceed out of time.
That deadline is one reason people should not treat the divorce order as the end of every legal issue arising from separation.
Does property have to be settled before divorce?
Not necessarily.
There is generally no requirement to complete property settlement before applying for dissolution of marriage.
However, understanding your financial position before the divorce becomes final can help you plan around the limitation period.
Where substantial assets, businesses, trusts, overseas property, superannuation or disputed liabilities are involved, obtaining personalised legal and financial advice can be particularly important.
Overseas Marriages and Dissolution of Marriage in Australia
Being married overseas does not necessarily mean you must obtain your divorce overseas.
Australian courts may deal with a divorce involving an overseas marriage where the jurisdictional requirements are satisfied.
You will generally need evidence of the marriage.
If the marriage certificate is not in English, appropriate translation evidence is ordinarily required.
Applicants may also need to establish their connection with Australia through citizenship, domicile or residence.
International cases can become more complicated where:
- one spouse lives overseas;
- service must occur overseas;
- the overseas marriage documentation is difficult to obtain;
- there are proceedings in another country; or
- property is located in several jurisdictions.
In those circumstances, the administrative divorce application may overlap with more complex international family-law considerations.
Dissolution of Marriage in Western Australia
Western Australia has a different court structure from the rest of Australia.
Divorce applications in Western Australia are dealt with through the Family Court of Western Australia and its eCourts Portal.
The underlying no-fault divorce principles remain similar. However, the filing process and court administration differ.
The Family Court of Western Australia explains that divorce applications are submitted online using the state’s eCourts Portal, with separate requirements for completing, signing and lodging the application.
Applicants in WA should therefore follow the Family Court of Western Australia divorce guidance rather than assuming every Commonwealth Courts Portal instruction applies to them.
The WA Court similarly confirms that divorce formally ends the marriage but does not itself resolve property or parenting issues.
A 2025 Change for Short Marriages
Older Australian divorce information may say that couples married for less than two years must attend counselling and file a counselling certificate before applying for divorce.
That information is now outdated.
From 10 June 2025, amendments removed the requirement for applicants married for less than two years to provide the former counselling certificate or affidavit explaining why counselling had not occurred.
This is a good example of why divorce applicants should rely on current court information.
Online articles, archived checklists and old downloadable forms may no longer reflect current Australian procedure.
Common Dissolution of Marriage Mistakes
Even relatively straightforward divorces can be delayed by administrative mistakes.
1. Filing too early
Being “separated for about a year” is not enough.
Check the exact date before submitting the application.
2. Assuming your spouse must agree
A sole applicant does not generally require the other spouse’s agreement simply to seek a divorce.
The legal requirements still need to be established.
3. Confusing divorce with property settlement
A divorce order does not divide assets.
Ignoring financial matters after divorce can also create limitation-period problems.
4. Serving documents incorrectly
Service rules are formal court requirements.
If service is not proved correctly, the matter may be delayed.
5. Assuming living together prevents separation
Separation under one roof is legally recognised, although additional evidence may be needed.
6. Using outdated information about marriages under two years
The former counselling certificate requirement was removed in June 2025.
7. Booking a wedding before the divorce is final
A divorce usually becomes final one month and one day after it is granted, not on the day of the hearing.
8. Forgetting Australian jurisdiction requirements
An Australian wedding does not automatically mean every former spouse can always apply for an Australian divorce regardless of where they now live.
9. Ignoring Western Australia’s different filing system
WA applications follow the Family Court of Western Australia’s processes.
Practical Dissolution of Marriage Checklist
Before filing, work through this numbered checklist.
- Confirm your separation date.
Record when the marital relationship ended and how that was communicated. - Check that the required separation period has passed.
Do not file prematurely. - Confirm Australian jurisdiction.
Consider citizenship, domicile and residence requirements. - Locate your marriage certificate.
Obtain a replacement if necessary. - Arrange translation if required.
Foreign-language certificates generally require appropriate translation evidence. - Identify whether you experienced separation under one roof.
Additional affidavit material may be necessary. - Choose between a sole and joint application.
Consider whether cooperation with your former spouse is practical. - Check current filing fees.
Also consider whether you qualify for a reduced fee. - Prepare information about children under 18.
Make sure the application accurately describes their arrangements. - Plan service if filing alone.
A sole applicant should understand who can serve the documents and the relevant deadlines. - Review property and financial issues separately.
Do not assume divorce resolves them. - Check whether legal advice is warranted.
This is especially useful where the separation date, service, jurisdiction, property or children’s circumstances are disputed. - Check your hearing instructions.
Attendance rules depend on the circumstances. - Record when the divorce becomes effective.
This can affect remarriage and financial limitation periods.
When Should You Seek Legal Advice About Dissolution of Marriage?
Not everyone requires a lawyer to lodge a straightforward divorce application.
However, legal advice can reduce uncertainty where complications arise.
Consider obtaining advice if:
- your spouse disputes the separation date;
- you remained under one roof;
- your spouse cannot be located;
- your spouse lives overseas;
- your marriage certificate is unavailable;
- jurisdiction is uncertain;
- another country is involved;
- there is family violence or a safety concern;
- your spouse opposes the application;
- substantial property remains unresolved;
- there are business, trust or superannuation issues;
- financial deadlines may be approaching; or
- you are unsure how divorce affects existing family-law proceedings.
Legal advice is particularly valuable when a simple administrative issue begins affecting substantive legal rights.
People Also Ask About Dissolution of Marriage
How long do you have to be separated before dissolution of marriage in Australia?
Generally, spouses need to have been separated for at least 12 months before filing for divorce. Court guidance commonly describes eligibility to file as arising after 12 months and one day of separation.
Can my spouse refuse a dissolution of marriage?
A spouse does not normally have a veto over a valid sole divorce application. However, they may dispute matters such as whether the required separation period has occurred or whether the Australian court has jurisdiction.
Can we divorce while still living in the same house?
Yes. Australian law recognises separation under one roof. However, the Court generally requires additional evidence showing that the marital relationship genuinely ended despite the shared address.
Do I need a lawyer to apply for dissolution of marriage?
There is no universal requirement to have a lawyer for a routine divorce application. However, legal advice can be valuable where there are disputes, service problems, overseas issues, financial complexity or uncertainty about your legal rights.
Does dissolution of marriage automatically divide property?
No. Divorce ends the marriage, while property settlement is a separate process. Married parties should also be aware that certain financial applications are generally subject to a 12-month time limit after the divorce takes effect.
Dissolution of Marriage Q&A
1. What happens if we briefly reconcile during the 12-month separation period?
The Family Law Act contains provisions dealing with short periods of resumed cohabitation.
Where spouses resume cohabitation on one occasion for less than three months and then separate again, the periods before and after the attempted reconciliation may, in qualifying circumstances, be added together. However, the reconciliation period itself is not counted as part of the separation period.
Because dates can determine eligibility to file, obtain advice if your separation included an attempted reconciliation.
2. Can I apply for divorce in Australia if my spouse is overseas?
Potentially, yes.
The key questions include whether the Australian jurisdiction requirements are met and whether your spouse can be properly served.
Overseas service generally requires more time than service within Australia, so applicants should plan accordingly.
3. What if my spouse’s location is completely unknown?
You may be able to seek substituted service or, in exceptional circumstances, dispensation of service.
However, you normally need evidence of reasonable attempts to locate the person. You should not simply omit service because contact has been lost.
4. Can I remarry as soon as the Court grants my divorce?
Usually not.
The divorce generally becomes final one month and one day after it is granted. Therefore, confirm that the divorce order has actually taken effect before making a legally binding remarriage commitment.
5. Should I wait until property settlement is complete before applying for dissolution of marriage?
There is no general requirement to finalise property matters first.
However, once the divorce takes effect, a 12-month limitation period generally applies to commencing certain property or financial proceedings between former spouses. For that reason, people with unresolved finances should understand the consequences before allowing the deadline to approach.
Conclusion
A dissolution of marriage in Australia is the legal process that formally ends a marriage. The core principle is straightforward: Australia has no-fault divorce, and the marriage generally must have broken down irretrievably after at least 12 months of separation.
However, the practical details still matter.
A shared home does not necessarily prevent separation. A spouse does not necessarily need to consent to a sole divorce application. Divorce does not automatically divide property or determine parenting arrangements. In addition, the divorce normally becomes final one month and one day after being granted, while important financial time limits can begin once the order takes effect.
For applications filed from 1 July 2026, applicants should also account for the current court filing fee and check whether they qualify for a reduced fee.
Most importantly, treat divorce, parenting and financial settlement as related but legally distinct issues.
If your circumstances involve disputed separation dates, children, property, overseas connections, service difficulties or other complications, obtaining advice before filing can help you understand the consequences of each step.
For guidance tailored to your circumstances, speak with an Australian family-law professional through Galea & Faustin Solicitors’ family law services.