Divorce under Australian law

As a lawyer practicing family law here in Melbourne, I’ve seen first-hand how emotionally complex and legally nuanced divorce can be. Whether it’s a couple separating amicably after years together, or a situation marked by financial disputes and child custody concerns, the decision to divorce is never taken lightly. My role is to help clients navigate this process clearly, legally, and with as little distress as possible.

In Australia, divorce is governed by federal law, specifically the Family Law Act 1975 (Cth). This means that the process is the same whether you live in Melbourne, Sydney, or anywhere else in Australia. However, the emotional, cultural, and financial nuances can vary, especially in a diverse city like Melbourne.

1. Grounds for Divorce

Australia operates under a "no-fault" divorce system. This means the court does not consider why the marriage ended—only that it has irretrievably broken down. The only legal requirement is that you and your spouse have been separated for at least 12 months with no reasonable likelihood of reconciliation.

It’s also possible to be considered "separated under one roof", where the couple is still living together but leading separate lives. Evidence of this must be provided in your application.

2. Filing for Divorce

You can file for divorce either:

• Individually (sole application) – where one spouse initiates the process, or

• Jointly – where both parties agree and sign the paperwork together.

Applications are made online through the Federal Circuit and Family Court of Australia, and the current filing fee is approximately AUD 1,060 (as of 2025), though fee reductions may apply if you receive government benefits or hold a concession card.

You’ll need to provide:

• Proof of citizenship or residency in Australia

• Your marriage certificate (translated if not in English)

• Evidence of separation if living under the same roof

• Parenting arrangements (if applicable)

3. Parenting and Property Arrangements

Divorce itself does not automatically settle child custody or property matters. These are considered separate legal issues under the Family Law Act.

Parenting:

If you have children under 18, the court must be satisfied that proper arrangements are in place for their care before granting a divorce. You don’t need a formal parenting order, but you must show that children are safe and cared for.

Property & Finances:

Division of assets—including homes, superannuation, debts, and even business interests—requires a binding financial agreement, consent orders, or, if needed, litigation. You have 12 months from the date of divorce to make a property settlement application, unless you seek special permission.

Every case is unique. Some couples reach informal agreements and formalise them through consent orders, while others require mediation or legal intervention to resolve disputes.

4. Cultural and Emotional Considerations

In a multicultural city like Melbourne, divorce can carry extra layers—language barriers, immigration concerns (particularly for temporary visa holders), or cultural stigmas. As an Asian lawyer myself, I understand that for many families, separation isn’t just legal—it’s personal, communal, and deeply emotional.

I often work with clients from Chinese, Indian, Vietnamese, and Middle Eastern backgrounds, who face unique pressures from family and community. In such cases, my role expands to being a legal translator of sorts—not just of language, but of expectations and values.

5. Support and Moving Forward

Divorce is rarely just about paperwork. It’s a life transition, often marked by grief, confusion, and hope. My advice: get legal advice early. Even in amicable separations, clear legal guidance protects your future and avoids complications later.

You don’t have to go through it alone. There are excellent support services across Melbourne—from legal aid and community legal centres to culturally sensitive counselling services.

Final Thoughts

Divorce, though legally straightforward in many cases, can still be deeply complex in terms of family dynamics, assets, and emotion. In Melbourne, we’re fortunate to have a supportive legal system that values fairness and safety, particularly when children are involved.

If you're thinking about divorce, or already in the process, seek advice—not just legal, but emotional. A good lawyer will guide you not only through the courts, but through one of life’s most significant transitions with care, respect, and clarity.