In Australia, you must be separated for at least 12 months and one day before you can apply for a divorce. The 12 months of separation is how the court establishes that a marriage has broken down irretrievably, which is the only ground for divorce under Australian law. You do not need to prove fault, and your spouse does not need to agree.
How the 12-month rule works
Separation begins when at least one spouse decides the marriage is over, communicates that decision, and acts on it. Only one person needs to make that decision. The court will look at when the separation was communicated and when your lives genuinely changed, so it helps to have a clear record of the date, such as a text message, email or letter.
If you get back together for three months or more, the 12-month clock restarts. A single reconciliation of less than three months does not reset the clock; the periods of separation before and after can be added together.
Can you be separated while living in the same house?
Yes. Many couples across Wollongong and the Illawarra remain under one roof after separating because of housing costs or the children. The law recognises this as separation under one roof, but you will need to give the court extra evidence, usually an affidavit describing how your day-to-day lives changed, such as sleeping separately, managing money separately and no longer presenting as a couple.
What if you have been married less than two years?
If you apply for divorce within two years of the wedding, you must first attend counselling with a family counsellor and file a certificate confirming you considered reconciliation, or seek the court’s permission to apply without one. The two years is counted from the wedding date to the date you apply for divorce.
Applying for divorce after the 12 months
Divorce applications are filed online through the Commonwealth Courts Portal with the Federal Circuit and Family Court of Australia. You can apply alone or jointly with your spouse. As at 2026, the filing fee is $1,125, or $375 if you hold an eligible concession card or can demonstrate financial hardship. If there are children under 18, the court must be satisfied that proper arrangements are in place for them before granting the divorce.
The divorce order takes effect one month and one day after it is granted. Importantly, divorce only ends the marriage. It does not divide your property or decide parenting arrangements, and once your divorce is final you generally have only 12 months to apply to the court for a property settlement or spousal maintenance.
Frequently asked questions
Does my spouse have to agree to the divorce?
No. Australia has a no-fault divorce system. If you have been separated for 12 months, you can apply on your own, even if your spouse refuses to sign or cannot be found.
Does the 12 months start again if we briefly reconciled?
Only if the reconciliation lasted three months or more. Shorter reconciliations do not restart the clock, and your separation periods are combined.
Do I have to wait 12 months to sort out property or the children?
No. Property settlement and parenting arrangements can be negotiated and formalised at any time after separation. Most people should not wait, because early advice often prevents disputes later.
How long does the divorce itself take?
Once filed, most undefended divorce applications are listed for hearing within a few months, and the order takes effect one month and one day after it is granted.
Talk it through with a family lawyer in Wollongong
Every separation is different, and small details, like the exact date of separation, can change your legal position. A one-off 90-minute consultation with Garrison Lawyers gives you a clear understanding of where you stand and what your options are, with no obligation to go further. You can also start with a free 20-minute Discovery Call. Book through our consultations page or call (02) 4210 9288. We work with clients across Wollongong, Lake Heights, Shellharbour, Kiama, the Illawarra and the Shoalhaven, in person at our Burelli Street office or by phone and video.
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This article is general information only, current at the date of publication. It is not legal advice and does not take your circumstances into account. For advice about your situation, speak with a family lawyer.