In Australia, divorce doesn’t require one spouse to prove the other was to blame. The Federal Circuit and Family Court focuses on whether the marriage has ended, not who caused its breakdown.
If you’re ready to apply for divorce, it’s important to understand your rights, meet your legal obligations, and know what to expect before the process begins.
At BDN Lawyers, our Family Law team is dedicated to helping clients navigate the divorce process with peace of mind. Here, we explain how no-fault divorce works in Australia, who can apply, why the system was introduced, and what it means for separating couples.
What is a no-fault divorce?
No-fault divorce was introduced under the Family Law Act 1975 to move the divorce process away from blame-based disputes. Under this framework, spouses can legally end their marriage without having to prove that either party was responsible for its ending.
The only ground for divorce is that the marriage is irretrievably broken with no reasonable likelihood of reconciliation.
This is established by showing that the parties have been separated for at least 12 months and that there is no reasonable likelihood of reconciliation.
The advantages of a no-fault divorce
The purpose of no-fault divorce is to make the legal dissolution of a marriage more practical, efficient and harmonious. Let’s take a closer look at each benefit.
Less conflict between spouses
One of the main benefits of no-fault divorce is that it removes the need to prove any wrongdoing or place blame. A spouse does not need to rely on allegations such as adultery, cruelty, desertion or other fault-based grounds to apply for divorce.
This makes the process less hostile from the beginning. When spouses are not required to argue over who caused the marriage’s irretrievable breakdown, there is often more room for respectful communication, negotiation and resolution.
More straightforward divorce proceedings
No-fault divorce simplifies proceedings by removing the need to investigate, prove or defend allegations about why the marriage ended. Spouses don’t have to present evidence of misconduct, call witnesses, or argue over personal behaviour as part of the divorce itself.
Instead, the Court is free to focus on whether the legal requirements have been met. This helps reduce unnecessary disputes, limits the amount of personal evidence required, and makes the application smoother for everyone involved.
A more practical focus
By removing fault from the divorce application, spouses can put more energy into resolving the issues that affect their future. This may include:
- Parenting arrangements for children
- Child support
- Property settlement
- Spousal maintenance
- Financial agreements
- Future communication between co-parents
These matters are dealt with separately from the divorce itself, but they are often part of the broader separation process.
Ultimately, a no-fault system helps shift the focus away from past grievances and towards workable arrangements for life after separation.
How to apply for a no-fault divorce in Australia
Applying for a no-fault divorce involves several steps. While the specifics may vary depending on your individual circumstances and whether you file a sole or joint application, the general process is as follows:
- Separate for the required period: Live separately from your spouse for 12 months and one day before applying. You may live under the same roof during this time, so long as you can provide evidence that you are no longer together.
- Seek legal advice: Hire an experienced family lawyer to advise on your rights, prepare and lodge your application, and protect your best interests if disputes arise around property or parenting.
- Reach a property settlement: Settle financial matters through negotiation, mediation, collaboration, or litigation. The outcome can be formalised with Consent Orders or a Binding Financial Agreement.
- Sort out parenting arrangements: Parents of children under 18 must show the court that suitable arrangements are in place, typically through a Parenting Plan or a Child Support Agreement.
- Gather your documentation: Compile your completed application forms, marriage certificate, proof of separation, and other supporting documents, such as passports, Wills, name change certificates, financial statements, and property agreements.
- Lodge the divorce application: Submit your application online through the Commonwealth Courts Portal with supporting documents and payment confirmation.
- Serve the divorce papers: Sole applicants must formally notify their spouse through personal delivery by a third party or postal delivery with a signed acknowledgment.
- Attend the divorce hearing if required: A registrar reviews the application and grants the divorce order once satisfied, with hearings only needed when children under 18 are involved, or the spouse contests the divorce.
- Receive the Divorce Order: Once approved, the order becomes final one month and one day later, officially dissolving the marriage.
Learn more about how to get a divorce in Australia.
FAQs
How did divorce work before the Family Law Act 1975?
Before the Family Law Act 1975 and no-fault divorce, couples usually had to prove that one spouse’s conduct had caused the marriage to break down. Recognised grounds for being at fault included adultery, desertion, cruelty, habitual drunkenness, imprisonment or insanity.
Therefore, instead of focusing on whether the marriage had genuinely ended, couples had to collect evidence and argue fault in court. This often made divorce longer, more expensive and more emotionally draining.
Today, the Court no longer considers fault. The only ground for divorce is that the marriage has broken down with no reasonable likelihood of reconciliation, usually shown by at least 12 months of separation.
Who can apply for a no-fault divorce?
You can apply for a no-fault divorce in Australia if your marriage has broken down and you meet the Court’s eligibility requirements:
- You have been separated for at least 12 months and one day
- You and your spouse have irreconcilable differences
- Your marriage is legally recognised in Australia
- You can provide a copy of your marriage certificate
- You have made suitable arrangements for any children under 18
You or your spouse must also have a connection to Australia. This means at least one of you must:
- Be an Australian citizen
- Consider Australia your permanent home and intend to live here indefinitely
- Usually live in Australia and have lived here for at least 12 months before applying
Importantly, you do not need to have been married in Australia. If you were married overseas, you may still apply for divorce in Australia if your marriage is recognised here and you meet the other requirements.
If you are still unsure, our divorce lawyers are here to help you confirm your eligibility. Contact us today for support.
Is behaviour considered during parenting proceedings in a no-fault divorce?
Yes. Fault does not determine whether a divorce is granted, but behaviour that impacts a child’s safety or well-being can influence parenting arrangements.
In parenting matters, the Court’s main focus is the best interests of the child. This includes the child’s safety, emotional well-being, developmental needs, cultural needs, and each parent’s ability to provide stable and appropriate care.
For this reason, issues such as family violence, abuse, neglect, substance misuse or serious mental health concerns may be considered if they create a risk to the child or affect a parent’s capacity to care for them.
How long does a no-fault divorce take?
A no-fault divorce in Australia usually takes several months from filing to finalisation, but you must be separated for at least 12 months before you can apply.
The total timeframe depends on the Court’s hearing availability, whether the application is complete, whether it has been properly served, and whether any issues need extra evidence.
Once the Court grants the divorce at the hearing, the divorce order usually becomes final one month and one day later.
How much does a no-fault divorce cost in Australia?
The standard court filing fee for a divorce application in Australia is AU$1,125, at the time of writing. Eligible applicants may qualify for a reduced fee of AU$375, such as people who hold certain government concession cards or can show financial hardship. For a joint application, both parties generally need to be eligible for this reduced fee.
Importantly, this charge only covers the divorce application itself. It does not include fees for legal advice, process serving, property settlement, parenting orders, Consent Orders or other Family Law applications. These costs vary depending on your circumstances.
To learn more about legal fees with BDN lawyers, please contact our team today for a tailored quote.
Can a no-fault divorce be contested?
Yes. In Australia, a no-fault divorce can be contested on certain legal and procedural grounds. More specifically, the respondent may challenge an application if:
- The couple has not been separated for at least 12 months
- Australia does not have the authority to deal with the divorce
- There is an issue with the way the application was prepared or served
To oppose a divorce, you must file a Response to Divorce and attend the hearing. The Court will then consider whether:
- The marriage is valid
- The marriage has broken down irretrievably
- The separation requirement has been met
- Proper arrangements have been made for any children under 18
After considering these factors, the Court may grant the divorce, adjourn the matter for more information, or dismiss the application if the legal requirements have not been satisfied.
Get reliable legal support with your no-fault divorce
Australia’s no fault divorce system has made it easier for couples to end a marriage without proving blame. However, divorce can still raise important legal and practical questions, particularly where parenting arrangements, property settlement, financial agreements or family violence concerns are involved.
Obtaining legal advice early can help you protect your rights, fulfil your duties and avoid unnecessary delays. It can also provide a clearer way forward if your divorce is contested, your circumstances are complex, or you are unsure how divorce may affect related Family Law matters.
At BDN Lawyers, our experienced family lawyers in Canberra and Queanbeyan provide clear, practical and compassionate legal support throughout separation and divorce. If you need help with the next step, speak with our trusted team today.
Disclaimer
General Advice Warning
The information contained in this article is general in nature and does not take into account your personal situation. You should consider whether the information is appropriate to your needs, and where appropriate, seek professional advice from a suitably qualified lawyer.
All legal and other matters referred to in this article are of a general nature only and are based on BDN Lawyers’ interpretation of laws existing at the time and should not be relied upon in place of appropriate professional advice. Those laws may change from time to time, and the information contained herein may be out of date.
Accuracy & Reliability of Information
Although every effort has been made to verify the accuracy of the information contained in this article, BDN Lawyers, its officers, employees and agents disclaim all liability (except for any liability which by law cannot be excluded), for any error, inaccuracy in, or omission from the information contained in this article or any loss or damage suffered by any person directly or indirectly through relying on this information.
