Separation and Divorce

Getting A Divorce in NSW, Australia

A divorce in Australia requires that you prove that you have been separated for 12 months and that there is no possibility of reconciliation.

In Australia a divorce settlement is separate to making property settlements and children's custody orders.

Parties are able to file for divorce after being separated for more than 12 months.  Either party can file for divorce, and they can file even though they continue to remain living under the same roof after separation. They do not need to finalise their parenting and property matters before filing for divorce however time limitations do apply for property/maintenance.

Did you know time limits apply to any  property settlement claim after divorce?

It's important to be aware of some important consequences following a divorce order being issued by the court. These include:

  • A party has only 12 months from the date of the divorce to initiate proceedings in relation to property settlement and or spousal maintenance.  Any application filed outside of this period will generally not be allowed.
  • Any provision made in a Will to the former spouse will be null and void.  It is therefore important to update a Will once a divorce has been granted.
  • After becoming divorced, it is possible to remarry. 
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Divorce Process 

Separation -  After a minimum of 12 months

File application in court - 6 - 8 weeks

Application served on spouse - within 28 days

Hearing date - which you are not required to attend

Divorce Order - After 1 month your Divorce becomes absolute and your marriage is dissolved. The court issues a Divorce Certificate. Either party is able to marry after this point.


Join Adam West -Accredited Family Law Specialist shares his top 3 Divorce tips  and useful information to help you understand the Divorce process.

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For Family Law Help:

  • Learn more- read our resources & articles
  • Call us on  1800 647 023
  • Make An Appointment- We aim to see you the very next day where possible.
  • Let one of our friendly team help get the best possible result in your matter.


Learn more about Divorce with our useful articles, resources and our Frequently Asked Questions section.