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Can I get divorced? The eligibility rules, in plain English

You can apply for divorce in Australia if you've been separated for at least 12 months, at least one of you is an Australian citizen, lives here permanently, or has lived here for the last 12 months, and you were legally married (anywhere in the world). There's no minimum length of marriage — the old rule requiring a counselling certificate if you'd been married less than two years was repealed on 10 June 2025. That's it — the Court doesn't ask why the marriage ended or whose fault it was.
Step 1 of 9 · About your marriage0% complete

When did you get married?

We use this to confirm the marriage and check the separation period.

Woman relaxing on a sofa at home, checking her phone

Once you've checked the requirements, you can apply for divorce online and carry your answers into your application.

See our guide to divorce papers and documents.

The four requirements

  1. Twelve months' separation. Counted from the day one of you decided the marriage was over and acted on it. You can be separated while living in the same house.
    12-month ruleSeparated under one roof
  2. A connection to Australia. One of you must be an Australian citizen, be domiciled in Australia (live here and regard it as home), or have lived here for the 12 months before applying. Only one of you needs to qualify. Citizenship & residency
  3. A valid marriage. Overseas marriages count if valid where they took place. You'll need the marriage certificate.
    Married overseasLost certificateTranslation
  4. That's actually it. Until June 2025 there was a fourth rule — a counselling certificate if you'd been married less than two years — but it has been repealed. Married less than two years

Things that don't affect eligibility

Whether your ex agrees. Whether you've sorted out property. Whether you have children (the Court will want to know they're looked after, but it doesn't decide arrangements). Whether you married in Australia. Whether you're living together, as long as you're separated. Whether your ex is overseas or can't be found.

Spouse won't signCan't find my spouseSpouse overseas

What happens if you're not eligible yet

Usually it's a date: the 12 months haven't passed. Our calculator tells you your earliest filing date, and we can prepare everything now and file on the day. If the Australian-connection test is the problem, talk to us — the answer is often simpler than it looks (permanent residence counts as domicile in most cases).

or call 1800 976 214

Two minutes · no obligation · a lawyer confirms everything before anything is filed

Frequently asked questions