How long do I need to be separated before I can get a divorce in Australia?

What the Law Says

The Family Law Act 1975 sets out the sole ground for divorce in Australia: that the marriage has broken down irretrievably, proven by 12 months of separation.

To get a divorce in Australia, you do not need to prove wrongdoing — it is a 'no fault' system. The only legal ground is that your marriage has broken down irretrievably.

This is established by showing you and your spouse have been separated for at least 12 months immediately before filing your divorce application. Separation can happen even if you continue living in the same home — this is called 'separation under one roof'.

If you reconcile for up to 3 months during the separation period, the time you were apart before and after the reconciliation can still count toward the 12 months. But if you reconcile for more than 3 months, the 12-month clock restarts.

Statutory Text

A divorce order may be made if the court is satisfied that the marriage has broken down irretrievably, which is to be taken to have occurred where the parties have lived separately and apart for a continuous period of not less than 12 months immediately preceding the filing of the application.

— Family Law Act 1975, s. 48(2) — Grounds for divorce

Statutory Text

The parties to a marriage may be held to have separated and to have lived separately and apart notwithstanding that they have continued to reside in the same residence.

— Family Law Act 1975, s. 49(2) — Separation under one roof

What to Do

Sources