The divorce process in Australia is the same for all couples, including heterosexual and same-sex relationships.
Before you get a divorce, you must meet the requirements of being able to get a divorce, which includes:
- The couple is legally married;
- The couple have been separated for at least 12 months; and
- There is no chance of reconciliation.
If you meet these requirements, you will need to apply to the Federal Circuit and Family Court of Australia for a divorce (unless you are in Western Australia – applications are made to the Family Court of Western Australia).
Divorces can be applied for online and can be applied for jointly or one person can apply. The Australian divorce system is no fault, which means that there is no need to prove that anyone was at fault for the divorce.
There are costs associated with filing for divorce – and you can learn more about the current costs of filing for divorce here.