From 10 June 2025, changes to Australia’s divorce laws will make the process quicker, simpler, and more cost-effective for people applying on their own who have a child or children under the age of 18.

What’s Changing?

Currently, if you apply for a divorce on your own (a sole application) and have a child or children under 18, you were previously required to attend a court hearing. This can add stress, legal costs, and delays.

The forthcoming changes to the Family Law Act 1975 (Cth) mean that all divorce applications – whether made jointly or individually, and whether or not children are involved – can be decided by the Federal Circuit and Family Court of Australia internally without a court appearance, unless your former spouse files a formal objection to the divorce (e.g. disputing the 12-month separation period, jurisdictional issue or invalid service).

For marriages less than two years, you are no longer required to attend reconciliation counselling before applying for a divorce.

What About the Children?

While the process may be streamlined, the court must be satisfied that appropriate arrangements have been made for the care and wellbeing of any child of the relationship under the age of 18. Although the court doesn’t need to approve the current parenting arrangements, they will need to be satisfied that the children are safe and cared for before it will grant the divorce.

Divorce in Australia

So how do I obtain a divorce? In short:

1. You must be separated for at least 12 months – regardless of whether you and your former spouse are still living under the same roof.
2. Either you or your former spouse must be an Australian citizen, live in Australia, or consider Australia your permanent home.
3. The application must be filed through the Federal Circuit and Family Court of Australia. This can be done solely or together with your former spouse (a joint application).
4. Formal service (once issued from the court) must be effected on your former partner confirming he or she is aware of the details of the Application.
5. Once granted, the divorce becomes final one month and one day after the order is made.

Need Help Navigating Divorce?

Thinking about separating or ready to apply for a divorce? Our Family Law team at Brisbane, Beenleigh, Cleveland, Jimboomba and the Gold Coast are here to help.  We offer fixed fees for divorce applications and can walk you through the whole process and answer your questions.

Bianca McDuff

Senior Associate