New changes to the Application for Divorce process

The Family Law Amendment Act 2024 (the Amendment Act) came into effect on 10 June 2025. One of the changes the Amendment Act has brought about is to streamline the process for how divorce is dealt with by the Federal Circuit and Family Court of Australia.

The Federal Circuit and Family Court of Australia has the jurisdiction or power to deal with dissolution of marriage (being divorce), under Part VI of the Family Law Act 1975.

In Australia, you can apply for a divorce if either you or your spouse:

are an Australian citizen; or
regard Australia as your home and intend to live in Australia indefinitely; or
ordinarily live in Australia and have done so for 12 months immediately before filing for divorce.

Additionally, you must have proof that you are legally married (e.g. have a copy of your Marriage Certificate), and you and your spouse must have been separated for at least 12 months. It is possible that you and your spouse have been considered to be separated but have remained living together during some stages, or the entirety of the separation period. In these circumstances, you may still be eligible to apply for a divorce, but there will be additional supporting evidence you will be required to provide to the Court to support your Application for Divorce. This supporting evidence is usually in the form of an Affidavit.

We have summarised the changes the Amendment Act has brought to the divorce process below.

Removing the time limitations on when parties can apply for a divorce

Prior to the introduction of the Amendment Act, parties were required to have been married for at least two years before they could apply for a divorce. Parties seeking to divorce within two years of being married were required to attend relationship counselling and file a certificate with the Court stating they had attended such counselling and there was no reasonable chance of their reconciling (or in the absence of being able to attend counselling, one or both of the parties were required to file an Application with the Court to seek leave from the Court to have the special permission to proceed with filing an Application for Divorce).

Effective from 10 June 2025, parties are now eligible to apply for a divorce as soon as they wish after their marriage and there is no relevance to the time period of their marriage. However, parties are still required to be separated for a minimum of 12 months before making an Application for Divorce.

Requirements for attending divorce hearings

The Amendment Act has also made changes to the requirement for parties (or their legal representatives) to attend divorce hearings before the Court. Prior to the Amendment Act, parties (or their legal representatives) were required to attend the divorce hearing if:

a party filed a sole Application for Divorce and the parties to the marriage had children under the age of 18 years at the time of filing; or
the Respondent (the party being served with the Application for Divorce) filed a Response to the divorce, objecting to the divorce being granted.

The recent amendments mean that parties are no longer required to attend the divorce hearing regardless of whether they have filed a joint application (that is, they have filed together), or whether a party has filed a sole application and there are children of the marriage under the age of 18 years, provided neither party has requested to attend the hearing.

There are some limited situations where an attendance may be required by one or both of the parties to a divorce hearing and they include the following:

the Applicant (the party who filed the Application for Divorce) indicated to the Court that they wish to attend the hearing when filing their Application; or
If either party has objected to the divorce being heard without the parties appearing; or
the Respondent (the party who has been served with the Application for Divorce) files a Response to the divorce opposing the Application; or
The Applicant is applying for an order for substituted service or a dispensation of service because they cannot find their spouse to serve the Application for Divorce on them; or
If the Court requests an attendance.

Divorce hearings are conducted by the Federal Circuit and Family Court of Australia by phone. If you wish to attend the hearing, even when you are not required to, you can indicate this in your Application to ensure you are provided with the dial in details in advance. Some parties may wish to attend their divorce hearing (or instruct a lawyer to attend the divorce hearing on their behalf).

The effect of a divorce

A divorce is the legal end to a married relationship.

It is important to note that divorce does not mean your finance or property settlement or maintenance or parenting matters are resolved or finalised. It is important that you seek legal advice in relation to these matters. This is particularly the case around finance, property and maintenance matters as strict time limitations exist once married couples are divorced.

You should consider getting legal advice about any potential consequences of being divorced from your spouse if you have not yet resolved your financial and property settlement matters.

Specialised legal advice as to how your estate planning matters may be impacted by your divorce status should also be considered.

If we can assist you with your family law or divorce matter, please don’t hesitate to reach out to us and we will be more than happy to answer any questions you may have.