Up until 10 June 2025, in order to apply for divorce, you and your partner must:

1. Be separated for a period of 12 months and one day under the same roof and/or under separate households.
2. If you and your partner have been married for less than 2 years, you must attend counselling and/or seek an exemption from the Court as to why it is not appropriate to attend counselling (such as family violence).
3. Once you have addressed the above, you can either apply for divorce solely or jointly with your former partner. If you elect to apply for divorce by way of a sole application and you have children of the marriage under the age of 18 years, you will be required to attend Court. However, if you apply for a joint application with your former partner and have children of the marriage under the age 18 years, then you will not be required to attend Court.

From 10 June 2025, there are changes being made to the Family Law Act 1975 and some of the major changes relates to divorce application. The two changes are:

1. If your marriage is less than 2 years, you will no longer be required to attend counselling
2. If you seek to make a sole application for divorce, you will no longer be required to appear in Court whether or not there are children under 18 years of age, however, your former partner being the Respondent must consent to the requirement of non-appearance.

It is important to note that despite these two amendments, you and your partner must be separated for a period of 12 months and one day under the same roof and/or under separate households before applying for divorce.

If you have any questions regarding applying for divorce from 10 June 2025, please do not hesitate to contact our office and speak with one of solicitors.