The legal framework
The Family Law Act 1975 introduced no-fault divorce: the only ground is irretrievable breakdown, established by twelve months' separation. Divorce, property and parenting are distinct processes, and the property time limit runs from the divorce, not the separation.
Key points
| Ground | Irretrievable breakdown, shown by 12 months' separation |
|---|---|
| Separation under one roof | Accepted with supporting affidavit evidence |
| Short marriages | Marriages under two years require counselling or a court's leave |
| Property time limit | Applications must be made within 12 months of the divorce becoming final |
| Parenting | Best interests of the child; the 2024 reforms removed the presumption of equal shared parental responsibility |
| Superannuation | Splittable as property, a major feature of Australian settlements |
| Dispute resolution | Family dispute resolution required before parenting applications, except in abuse cases |
| Twelve months | Separation for twelve months is the sole ground |
| Divorce and property are separate | Ending the marriage does not divide assets |
| Twelve-month limit | Property applications must be filed within a year of the divorce becoming final |
In practice
- Apply online through the Commonwealth Courts Portal; joint applications avoid service requirements.
- Obtain a superannuation valuation before negotiating.
- Formalise any property agreement by consent order or binding financial agreement — informal deals are not enforceable.
- Attend family dispute resolution and obtain the certificate where parenting is in issue.
- Diarise the twelve-month property deadline the day the divorce is finalised.
- Obtain superannuation valuations early: they take weeks to arrive.
Cost and coverage
A filing fee applies, with a reduced fee for concession card holders. Legal aid is means and merits tested.
Recent changes
The 2024 parenting reforms simplified the best-interests test and removed the equal shared parental responsibility presumption, which had often been misread as a presumption of equal time.
Where to go
- Federal Circuit and Family Court of Australia.
- Family Relationship Advice Line and family relationship centres.
- Legal aid commissions in each state and territory.
Worth knowing
The twelve-month limit for property applications after divorce catches people out constantly. If finances are unresolved, either settle first or file within the year. Property claims expire twelve months after the divorce is final. That deadline catches out people who finalise the divorce quickly and negotiate afterwards.
Official sources and links
- Federal Register of Legislation — Commonwealth law as made and in force
- Services Australia — government services and payments