My wife and I separated a few months ago. Can I get divorced?

Under the Family Law Act, spouses must be separated for 12 months before they can apply for a divorce. You can be living in separate residences for 12 months, or live separately under the one roof for all or part of the 12 month period.

How long does it take to get divorced?

It can take 3 – 6 months for an application for divorce to be granted, depending upon the court delays at the time. If you are considering remarrying and are not yet divorced, you should file your application for divorce as soon as possible.

What evidence do I need for my divorce application?

A court will not grant a divorce until it is satisfied that you and your former spouse have been separated for 12 months. You can attest to this in the application form. If you have been living under the one roof for all or part of that 12 month period, you will need to file an affidavit (a sworn statement) as to the living arrangements during the separation. You will also need a third person who has seen the changed living arrangements to swear an affidavit on your behalf. Apart from the evidence of separation, the court must be satisfied as to jurisdiction, service of the application on your former spouse, and the arrangements for any children under the age of 18 years.

How soon can I remarry after the divorce is granted?

A divorce order automatically becomes final one month and one day after the making of a divorce order, and you are free to remarry after that time.


  • The Law sociaty of NSW
  • Doyles - Family Law 2020
  • Doyles - Family Law 2022
  • Family Law Section - Law Council of Australia - Member 2021/2022
  • Collaborative Professionals (NSW) inc

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Email: reception@dofamilylawyers.com.au