A straightforward Australian divorce typically takes 4-6 months from filing to a final order, though you can’t apply at all until you’ve been separated for at least 12 months. Property and parenting matters run on a separate timeline and can take anywhere from a few months to several years if contested.

Bark connects Australians with 420+ divorce lawyers and has handled more than 1,300 requests from clients navigating separation, divorce and related family law matters.

Divorce lawyers on Bark can walk you through your specific timeline and what to expect at each stage.

Most people assume a divorce takes years and involves proving someone did something wrong. Neither is true in Australia. The divorce itself is usually the simpler part. Sorting out property and parenting arrangements is what can take longer.

This guide covers the full divorce timeline, the 12-month separation rule, whether you need to go to court and how property is actually divided. It also covers divorce lawyer costs and where your rights stand around children.

How long does the divorce process take, step by step?

Once you’ve been separated for 12 months, you can apply to the Federal Circuit and Family Court of Australia, either alone or jointly with your ex-partner. From there, straightforward applications are usually finalised within 4-6 months.

After filing, the court sets a hearing date, usually several weeks later. If the divorce is granted, it usually becomes final 1 month and 1 day after the hearing.

If you don’t have children under 18, you generally don’t need to attend the hearing. If you have children under 18 and you filed a sole application, you usually need to attend unless the court tells you otherwise. Joint applications are usually simpler because both parties have applied together.

Property and parenting arrangements aren’t decided as part of the divorce application itself. They run on separate timelines and can take much longer if you and your ex-partner can’t agree.

What is the first thing I should do if I want a divorce?

Joanne Perugini, principal at Forward Family Law, says the first step is simply reaching out, even if you don’t have a clear plan yet. She says:

“You do not need to have every document, answer or next step prepared before speaking with a family lawyer. Part of the process is understanding where you stand and what information may be needed moving forward.”

Getting legal advice early matters more than having everything sorted first. Joanne notes that people commonly delay speaking to a lawyer altogether, hoping things will stay amicable, which can make the eventual process harder rather than easier.

Before your first consultation, it helps to gather what you can, including marriage or separation details, parenting arrangements or existing agreements, financial documents, mortgage documents, superannuation information and any relevant messages or court documents.

What is the 12-month separation rule?

Australia has a no-fault divorce system, and the 12-month-separation rule is the only ground you need. You simply need to show that the marriage has broken down irretrievably and that you have been separated for at least 12 months before applying.

If you’ve been married for less than two years, you may need to attend counselling or ask the court for permission before you can apply.

How do you prove separation if you still live under the same roof?

You can be separated while still living in the same house, which is common when finances or children make moving out difficult straight away.

In that situation, the court usually needs extra evidence. This may include a statement explaining changed sleeping arrangements, separate finances, reduced household sharing and how you presented yourselves as separated to family, friends or government agencies.

Do you have to go to court for divorce in Australia?

No, not for the divorce itself in many cases. Most applicants never set foot in a courtroom because the process is often handled on paper or online unless attendance is required.

Joanne says this is one of the biggest misconceptions about the process.

“One of the biggest misconceptions about family law in Australia is that every matter ends up in Court or becomes a fight. In reality, many matters can be resolved through negotiation and orders without the need for lengthy litigation.”

Does mediation help you avoid court?

Mediation is often the difference between a quicker resolution and a drawn-out dispute over property or parenting arrangements. Joanne explains:

“Mediation can be incredibly useful where both parties are willing to engage in discussions and explore possible resolutions, even if communication has broken down or emotions are high.” 

“It is often used in parenting and property matters to help parties reach agreements without the need for lengthy Court proceedings.”

Family Relationship Centres, a free Australian Government-funded service, can help arrange family dispute resolution for separating families before a parenting dispute reaches court.

What is the cheapest divorce you can get?

The cheapest path is a sole or joint divorce application without a lawyer, which only costs the court filing fee. Filing a divorce application costs about $1,125, though you may qualify for the reduced rate of about $375 if you hold a relevant government concession card or meet the court’s reduced-fee criteria.

Legal fees only become necessary if you want help preparing the application, serving documents or dealing with a dispute.

Is divorce 50/50 in Australia?

No. Property is not automatically split 50/50 in an Australian divorce. The court looks at what is “just and equitable” based on the couple’s circumstances, including financial contributions, non-financial contributions, homemaking, parenting and future needs.

A long marriage with roughly equal contributions can sometimes land close to an even split, but that is an outcome, not a starting assumption.

What is an 80/20 or 70/30 property split?

Splits like 70/30 or 80/20 can happen, but they are not fixed formulas. They usually reflect specific circumstances, such as one person bringing significantly more assets into the relationship, a shorter marriage or one partner having greater future needs, such as caring for young children.

Amica, a free online tool supported by the Australian Government, can give separating couples a starting point for property and parenting agreements before they engage a lawyer.

What money can’t be touched in a divorce?

There is no simple list of assets that can never be considered. In a property settlement, the asset pool can include property, savings, debts, superannuation, inheritances, redundancy payouts and assets held in only one person’s name.

The main way to deal with specific assets in advance is a binding financial agreement, sometimes called a prenup, which can be signed before, during or after a relationship.

How do you avoid losing money in a divorce?

The costs that add up fastest are usually legal fees, not the divorce application itself. Joanne points to several drivers behind rising costs: how complex the matter is, whether both parties agree, whether court representation is needed and how much back-and-forth the matter requires.

The Bark divorce lawyer cost guide breaks down typical fees by matter type before you commit to a lawyer.

Her advice for keeping costs manageable is simple.

“Communication and conflict driven by emotion can often increase costs unnecessarily. It can also help to stay organised, provide documents promptly and keep a list of questions or updates together, rather than sending separate emails as issues arise.”

Once a settlement is finalised, a lot of people need to reassess their financial position. Financial planners on Bark can help rebuild a budget and long-term plan once property and super are divided.

What’s the biggest mistake people make during divorce?

Joanne is careful not to call these “mistakes,” because most people are doing their best under enormous stress. Even so, she sees the same patterns repeatedly - entering informal parenting arrangements before understanding the legal position, making financial decisions in haste and relying on friends and family instead of a lawyer.

The most common issue is delaying getting legal advice and expecting the separation to stay civil. Early guidance can help prevent confusion, delays and expensive decisions.

Who loses the most in a divorce?

There’s no single group that consistently comes out worse off. Outcomes depend far more on the specifics of each relationship, including property, income, children, whose name assets are held in and how long the relationship lasted, than on gender or who filed first.

What type of lawyer do you need for a divorce?

You need a family lawyer, not a general practice solicitor. Since family law has its own procedures, forms and court system separate from other areas of law.

For anything beyond a straightforward application, especially property or parenting disputes, family lawyers on Bark generally handle the full scope of family law matters rather than just the divorce paperwork itself.

What are red flags to watch for in a divorce lawyer?

A lawyer who promises a specific outcome before understanding the full situation is a warning sign, since no one can guarantee a property or parenting result in advance.

The same goes for anyone who pushes straight toward litigation without first raising negotiation, mediation or consent orders as possible options.

How much does a divorce lawyer cost in Australia?

Cost depends mainly on whether your matter is straightforward or contested, and how much court involvement is required.

Divorce lawyer cost by matter type in Australia

Hourly rates commonly run from $350 to $650 in major cities like Sydney and Melbourne, dropping to around $250 to $400 in regional areas. On top of legal fees, the court filing fee is about $1,125, with a reduced fee of about $375 for eligible applicants.

The Bark divorce lawyer cost guide has a full breakdown by city and matter type if you want to compare before booking a consultation.

Where can you get free or low-cost divorce advice?

If cost is a genuine barrier, Legal Aid offices in each state and territory offer free or means-tested advice for family law matters. Community legal centres can also help with early guidance, especially if you have urgent parenting, safety or financial questions.

How often do fathers get 50/50 custody in Australia?

Australian family law does not start with a default 50/50 time split for either parent. Courts decide parenting arrangements based on the best interests of the child, including safety, care arrangements, developmental needs and each parent’s ability to meet those needs.

Parenting responsibility, which relates to major decisions about things like schooling and health, is different from how much time a child spends with each parent. The court can deal with decision-making and time arrangements separately.

Joanne sees a related misconception play out often.

“One misconception people have about family law, divorce or separation is that there is always a winner and a loser. In reality, family law is generally focused on achieving outcomes that are fair, practical and in the best interests of any children involved, rather than punishing one party or rewarding the other.”

Final thoughts

If your situation is straightforward, with no property disputes or children involved, you may not need a lawyer for the divorce application itself. Anything involving property, parenting or disagreement deserves legal advice early, before decisions get made informally that are hard to undo.

More than 1,300 people have used Bark to find help with divorce and separation matters across Australia. Find a divorce lawyer who can explain your options and help you understand what comes next.