The one month and one day rule
The Family Law Act 1975 fixes it. The registrar makes the divorce order at the hearing, but it "takes effect" — meaning it actually ends the marriage — one month and one day later. That date is written on the order itself. Until it passes you are still legally married.
Why it exists
The one-month period is a statutory cooling-off that has been part of Australian divorce law for decades. It preserves a short window within which, in limited circumstances, the order can be set aside — for example if the Court was misled about jurisdiction or separation, or if there was a procedural defect that affected the outcome. It is not a period to change your mind about the divorce itself.
Remarriage
You cannot lawfully remarry until the order takes effect. A marriage entered into before that date is invalid. If you're planning a wedding, build in the one-month gap and the uncertainty around the hearing date — hold the date once the order is final, not before.
The 12-month property time limit
Don't miss the clock. For married couples, an application for property settlement or spousal maintenance must be filed within 12 months of the date the divorce becomes final — not 12 months from the hearing. After the deadline you need the Court's permission to file late, and that permission is not always granted. If there's anything to sort out about property, get advice well before the year is up.
The divorce ending the marriage and the division of property are separate things. The divorce order itself doesn't transfer a house, split superannuation, or decide who keeps what. Those questions are dealt with in property or financial proceedings — and for married couples the 12-month limit runs from the day the divorce takes effect. That's why this date matters more than any other on this page.
Getting your divorce certificate
Once the order is final you can download it from the Commonwealth Courts Portal. We deliver a copy to your dashboard the moment it's available. The sealed order is your proof of divorce — for a new marriage, for Centrelink, for names and accounts — so keep it somewhere safe.
What does NOT happen automatically
A lot of people assume the divorce ties up everything. It doesn't. Separately, you'll need to:
- Wills — your ex may still be a beneficiary or executor. Review and update.
- Superannuation binding nominations — a death benefit can still go to an ex-spouse if the nomination hasn't been updated.
- Insurance beneficiaries — life and injury policies named to your ex stay that way until changed.
- Joint accounts and tenancy — joint bank accounts and jointly-owned property aren't severed by the divorce.
- Property settlement — see the 12-month time limit above.
We'll remind you about each of these at the right point — none of it is a reason to delay the divorce itself, which you can read about in How long does a divorce take? →
or call 1800 976 214
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