The process for obtaining a divorce in New South Wales (NSW) is governed by the Family Law Act 1975 (Cth), which applies throughout Australia. The Federal Circuit and Family Court of Australia (FCFCOA) has jurisdiction over divorce applications. The key legal issues are:
- Eligibility to apply for divorce
- The process and requirements for filing an application
- Service of documents
- Court hearing (if required)
- Finalisation of the divorce
Australia operates under a “no-fault” divorce system. The sole ground for divorce is the irretrievable breakdown of the marriage, demonstrated by at least 12 months of separation (s 48 Family Law Act 1975).
To apply for divorce in Australia, at least one party must:
- Regard Australia as their home and intend to live in Australia indefinitely, or
- Be an Australian citizen by birth, descent, or grant of citizenship, or
- Ordinarily live in Australia and have done so for the 12 months immediately before filing.
Separation can occur even if the parties remain living under the same roof, provided there is evidence of the breakdown of the marital relationship.
If there are children under 18, the court must be satisfied that proper arrangements have been made for their care.
If you or someone you know needs assistance with obtaining a divorce order contact our Family Law Accredited Specialist Belinda Doyle today on 02 4627 3333.
This article was published on 06/08/25 and the information is valid as at the date of publishing. This article is general in nature and is not and should not be considered or relied on as legal advice. Meehans Solicitors is not responsible in the event this information is relied upon by the reader in the absence of specific legal advice.