How long do I need to be separated before I can divorce in Australia?

You must be separated for at least 12 months before applying for a divorce. The court must be satisfied that the marriage has broken down irretrievably. You can live under the same roof during separation if you can show the court the marriage relationship had ended.

How is child support calculated in Australia?

The Department of Human Services (Child Support) uses a formula based on both parents' incomes, the number of children, and the percentage of care each parent provides. You can use the online child support estimator to get an approximate figure.

Do I need to go to court for parenting arrangements in Australia?

Not necessarily. Parents are encouraged to agree on parenting arrangements through mediation or a parenting plan. If you cannot agree, you can apply to the Federal Circuit and Family Court of Australia for parenting orders.

Divorce and child support basics (Australian family law guide)

Plain-language guide · reviewed for general accuracy · Australia

Australia has a "no-fault" divorce system under the Family Law Act 1975 (Cth). This means the court does not consider who was at fault for the marriage breakdown — it only needs to be satisfied that the marriage has irretrievably broken down. Here is how divorce, parenting arrangements, and child support work in Australia.

1. The 12-month separation requirement

To apply for a divorce in Australia, you must have been separated from your spouse for at least 12 months. The separation does not need to be formalised — it starts when one party decides the marriage is over and communicates this to the other. You can be "separated under one roof" (living in the same house) if you can show that the marital relationship has ended — for example, by sleeping separately, separating finances, and not socialising as a couple. You must file a divorce application with the Federal Circuit and Family Court of Australia (FCFCOA). The filing fee is $1,060 (as of 2025–26), with a reduced fee or exemption available on hardship grounds. If there are children under 18, the court must be satisfied that proper arrangements have been made for their care.

2. Property settlement

Property division is separate from the divorce application. In Australia, there is no automatic 50/50 split of assets. Instead, the court follows a four-step process: identify and value the asset pool, assess each party's financial and non-financial contributions, consider each party's future needs (age, health, income, care of children), and ensure the overall outcome is just and equitable. You can reach your own agreement — which the court can formalise by consent orders or a binding financial agreement — or, if you cannot agree, seek court orders. There is a time limit: you must apply for property orders within 12 months of the divorce becoming final, or within two years of the end of a de facto relationship.

3. Parenting arrangements

The Family Law Act focuses on the "best interests of the child." Parents are encouraged to agree on arrangements without going to court. A parenting plan is a written, signed agreement about care arrangements — it is not legally enforceable but can be used as evidence. For an enforceable agreement, you can apply for consent orders from the FCFCOA. Before applying to court for parenting orders, parents must generally attend family dispute resolution (mediation) — unless there are concerns about family violence or urgency. The court can make orders about who the child lives with, how much time they spend with each parent, parental responsibility, and specific issues such as schooling and medical decisions.

4. Child support

Child support in Australia is administered by Services Australia (Child Support). The amount is calculated using a formula that takes into account both parents' taxable incomes, the number of children, the ages of the children, and the percentage of care each parent provides. You can use the online child support estimator to get an approximate figure. Parents can also enter into a private child support agreement (binding or limited) that differs from the formula amount. If a parent does not pay, Child Support can collect payments from their wages or tax refunds.

Tip: even in an amicable separation, get property and parenting agreements formalised through consent orders. This makes them enforceable and helps prevent disputes later.

Common questions

How long do I have to be separated before divorce in Australia?: At least 12 months. The separation can begin while living under one roof if the marital relationship has genuinely ended. You then apply to the Federal Circuit and Family Court of Australia.
Is child support automatically 50/50 in Australia?: No. The formula considers both parents' incomes, the number of children, and the percentage of care. The resulting amount can vary significantly from case to case.
Do I need to go to court for a parenting plan?: Not necessarily. Parents can make a parenting plan themselves. For enforceability, apply for consent orders. Court should generally be a last resort after mediation.

Tell the assistant about your situation — how long you have been separated, whether children are involved, and what you need help with — for a plain-language starting point.

This guide is general information about Australian family law and is not legal advice. The Family Law Act 1975 is subject to change. For your specific situation, contact the Family Relationship Advice Line, a community legal centre, or a licensed family lawyer.