TL;DR

• Australian law requires at least 12 months and 1 day of separation before filing.
• You file online, then the Court sets a date. Timing depends on workload and your documents.
• A divorce order usually becomes final 1 month and 1 day after it is made.
• No guarantees on speed. Clear paperwork and prompt service of documents help.
• This is general information, not legal advice. Speak with a lawyer for guidance on your situation.
• Read more about Separation & divorce in South Australia

What affects how fast a divorce can happen

Divorce in Australia is a no fault process handled by the Federal Court system. Timeframes depend on the legal requirements, your paperwork, service of documents, and Court scheduling. The points below explain the usual steps so you know what influences the timeline in South Australia.

The key requirements in plain English

• Separation period. You must be separated for at least 12 months and 1 day before filing. Separation can be under one roof if you have evidence to show you lived separate lives.
• Connection to Australia. You need to meet basic criteria such as citizenship, permanent residency, or ordinary residence in Australia for the required period.
• Marriage certificate. You will need your marriage certificate. If it is not in English, provide a translation and an affidavit from the translator.
• Married less than two years. You generally need a counselling certificate or permission from the Court if the marriage is under two years.

Typical steps and where time is spent

1. Confirm the separation date. Check that 12 months and 1 day have passed.
2. Prepare the application. Complete the online form and attach the required documents. Joint applications can simplify service.
3. File through the Court portal. Pay the filing fee or apply for a reduced fee if eligible.
4. Serve the papers if it is a sole application. Arrange proper service on your spouse. Keep proof of service and any affidavits required.
5. Attend the hearing if required. Attendance rules vary, especially if there are children under 18 or service issues. The Court considers the papers and may make the divorce order.
6. Order becomes final. A divorce order usually becomes final 1 month and 1 day after it is made. You can then download the divorce order from the portal.

The overall timeframe after filing is influenced by Court listing times, how quickly service is completed in sole applications, and whether extra affidavits are needed. Delays are common if documents are incomplete or service is not done correctly.

Children, property, and other considerations

• Children under 18. The Court must be satisfied that proper arrangements are in place. Your application should explain these arrangements.
• Property and maintenance. Divorce is separate from property settlement and parenting orders. Strict time limits can apply after a divorce becomes final. Get advice early about your timeline.
• Name change and passports. These are separate processes. Keep your divorce order handy for future applications.

People also ask

Can we be separated under one roof and still file?

Yes, you can be separated while living in the same home. The Court can require affidavits that explain how you lived separately, including finances and household arrangements.

Do I have to attend the hearing?

Attendance depends on the type of application and your circumstances. Joint applications and matters without children may not require attendance. Check your listing details.

How soon can I remarry?

You can remarry after the divorce order is final. That is usually 1 month and 1 day after the Court makes the order.

What if I cannot locate my spouse to serve the papers?

You can ask the Court for substituted service or to dispense with service in some situations. You will need evidence of attempts to find your spouse.

FAQs

What documents do I need to start?

Your marriage certificate, proof of Australian citizenship or residency if relevant, and any translations with affidavits. If separated under one roof, prepare affidavits about your living situation.

What if we have been married less than two years?

You usually need to attend counselling and file a certificate, or apply to the Court for permission to proceed without it. The Court will consider your reasons.

Will a joint application make the process quicker?

Joint applications can remove the need for personal service and reduce common issues. Court listing times still apply and vary by workload.

Do I need to sort property or parenting before divorce?

No, they are separate, but it is practical to seek advice early about your overall plan and any time limits that can apply after the divorce is final.

How much will it cost and how long will it take?

Filing fees and timeframes change from time to time and depend on your circumstances and Court scheduling. Ask for current guidance before you file.

Next steps and how we can help

If you want help understanding the process and documents, Wright Street Lawyers can provide general information about typical steps. In an initial chat we can discuss your separation timeline, whether a joint or sole application makes sense, and what evidence you may need. For tailored advice about your situation, a lawyer can assess your circumstances and explain your options.

• Confirm your separation date and gather your marriage certificate.
• Decide whether to file jointly or alone and plan for service if needed.
• Ask for current details about fees, listing times, and any documents to prepare.

Contact: Wright Street Lawyers, wrightstreetlawyers.com.au

Accessibility: If phone is difficult, use our website form or email and we can reply in writing. Let us know if you need adjustments for appointments.

Important disclaimer

This page is general information about divorce timing in South Australia. It is not legal advice. Laws and Court processes can change. Your situation may be different. For advice about your circumstances, speak with a qualified professional.