You have made the decision to separate. The hardest part feels like it is behind you, and now you just want to know one thing: how long does divorce take in Australia? It is one of the most common questions we are asked, and the honest answer comes in two parts. The court process itself is relatively quick. The waiting that happens before it is where most of the time goes.
Below we focus purely on timing: the realistic timeframe, why the wait is what it is, and the things that can slow you down. If you want the actual steps involved, see our guide on how to file a divorce application.
How Long Does Divorce Take in Australia? The Short Answer
Once you are actually eligible to apply, most divorces are finalised in around four to six months. The catch is that you cannot apply straight away.
In short:
- You must be separated for at least 12 months and one day before you can apply for a divorce.
- After you file, the court typically allocates a hearing date within a few weeks to a couple of months.
- Your divorce order becomes final one month and one day after the hearing.
So while the legal steps move reasonably fast, the 12-month separation period is the single biggest factor in how long it takes to get divorced in Australia.
Why the 12-Month Separation Period Sets the Timeline
To grant a divorce, the court needs to be satisfied your marriage has broken down irretrievably. You show this with 12 months and one day of separation. There is no way to shorten this period. It is a legal precondition, not a formality, so for most people the bulk of the “wait” happens before any paperwork is even lodged.
A couple of situations can add time on top of the 12 months:
- Separation under one roof. If you separated but kept living in the same home, you will need to prepare affidavit evidence, which takes longer to put together.
- Married less than two years. You will generally need to attend counselling and file a counselling certificate before you can apply.
The Divorce Timeline From Filing to Final Order
Once you are eligible and you lodge your application, the timeline usually looks like this:
- Filing to hearing date: a few weeks to a couple of months, depending on the registry’s workload.
- The hearing: usually brief, and most people do not need to attend. You generally only need to appear if you applied on your own and there is a child of the marriage under 18.
- Hearing to final order: exactly one month and one day, after which your marriage is legally ended.
If you are applying on your own, build in extra lead time. The application has to be served on your spouse at least 28 days before the hearing if they are in Australia, or 42 days if they are overseas, which affects how early you need to get organised. Our guide on how to file a divorce application walks through the serving rules in detail.
What Can Make a Divorce Take Longer in Australia?
Most delays are practical, not legal. Common reasons a divorce drags on include:
- A spouse who is difficult to locate or serve.
- Separation under one roof, which requires extra affidavit evidence.
- Marriages of less than two years, which need a counselling certificate.
- International marriages requiring translated documents, or a spouse overseas.
- Incomplete or incorrect applications that the court returns for amendment.
- A dispute about the date of separation.
- A divorce that is opposed by the other party.
If any of these apply to you, build in extra time and consider getting advice early so small issues do not become big holdups.
Can You Speed Up the Divorce Process in Australia?
You cannot shortcut the 12-month separation requirement. What you can do is make sure nothing else slows you down once you are eligible:
- File a joint application where possible, to avoid the serving step.
- Have your marriage certificate and proof of separation ready before you lodge.
- Double-check the application so it is not returned for errors.
- Deal with parenting and property matters separately, so they do not hold up the divorce itself.
Don’t Overlook the Time Limit After Your Divorce
Timing matters after the divorce too. Once your divorce is final, you have only 12 months to apply to the court for a property settlement or spousal maintenance. For de facto couples, the limit is two years from the date of separation. For more on how divorce sits alongside your finances and children, see our overview of how the divorce process works in Australia.
Frequently Asked Questions
How long do you have to be separated before you can divorce in Australia?
You must be separated for at least 12 months and one day before you can apply for a divorce. This shows the court that the marriage has broken down irretrievably.
How long does a divorce take after filing the application?
Most divorces are finalised within about four to six months of filing, assuming the 12-month separation period has already passed and there are no complications with service or paperwork.
Can you get a faster divorce in Australia?
There is no fast-track divorce. The 12-month separation period cannot be shortened. You can avoid extra delay by filing jointly, preparing your documents carefully and serving on time.
How long do you have to settle property after a divorce?
If you were married, you have 12 months from the date your divorce becomes final to apply for a property settlement. De facto couples have two years from the date of separation.
Getting Clear Advice From the Outset
The divorce itself is often the most straightforward part of separating. The bigger decisions, your property settlement and arrangements for your children, are where clear advice early on makes the biggest difference to both your timeline and your outcome.
This information is for general purposes only and does not constitute legal advice. For advice specific to your situation, our experienced family lawyers can help.
If you or someone you know wants more information or needs help or advice, please contact us on 1300 110 080 or via our free enquiry form.
This article is intended as general information only and does not constitute legal advice. For advice specific to your circumstances, contact Allen Evans Family Lawyers on 1300 110 080 or via our enquiry form.