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Under section 48 of the Family Law Act 1975, the only ground for divorce is irretrievable breakdown of the marriage, proved by separation for at least 12 months with no reasonable likelihood of reconciliation. The 12-month period is calculated from the date of separation — which does not require physical separation. If the parties have separated but continued to live in the same house for financial, parenting, or other reasons (known as separation under one roof), the 12-month period still runs, though you will need a supporting affidavit from a third party confirming the breakdown.

Applications are filed online through the Commonwealth Courts Portal at comcourts.gov.au. You can file as a sole applicant (without your spouse's involvement) or as a joint applicant. You will need your marriage certificate (with a certified translation if it is not in English), a filing fee (currently around $950, with fee reductions available on financial hardship grounds), and information about any children under 18. A divorce hearing is usually scheduled about 3–4 months after filing. Where there are children under 18, at least one party must attend the hearing.

The divorce order deals only with the dissolution of the marriage — it does not resolve property, finances, or parenting matters. These are entirely separate proceedings under the Family Law Act 1975 and must be resolved through agreement (formalised as consent orders or a binding financial agreement) or by court application if agreement cannot be reached. Critically, you have only 12 months from the date the divorce order takes effect to apply to the court for property orders. After that deadline, you need leave of the court to proceed, which is not always granted.

Separation occurs when one or both parties decide the marriage is over — it does not require any legal formality or court action. Divorce is the formal legal dissolution of the marriage, granted by the Federal Circuit and Family Court of Australia after the 12-month separation period. De facto couples separate but cannot divorce (they were never married). Importantly, property and parenting rights accrue from the date of separation — not the date of divorce — so the separation date matters significantly for calculating entitlements and time limits.

Superannuation is treated as a special class of property under the Family Law Act 1975 and can be split as part of a property settlement. A superannuation splitting order or agreement directs the trustee of one party's fund to create a new interest for the other party, which is preserved until retirement age. You cannot receive the split amount as cash immediately — it remains in the superannuation system. The valuation of superannuation interests (particularly defined benefit funds) can be complex, and specialist family law financial advice is recommended before agreeing to a split.

Yes. Under the Family Law Act 1975, the Federal Circuit and Family Court of Australia has jurisdiction to grant a divorce if, at the time of the application, either party is an Australian citizen, is domiciled in Australia, or has been ordinarily resident in Australia for at least 12 months. You will need to provide your overseas marriage certificate (with a certified translation if not in English) and evidence of the marriage's validity. A lawyer can assist with verifying the documents required for your specific country of marriage.