The Short Answer
For an uncontested divorce with no complications, you can expect the following:
- You must wait 12 months after you have separated to apply to the Court for a divorce order;
- The divorce hearing date will be at least 6 weeks after you make your application; and
- The divorce will take effect 1 month and 1 day after it was granted by the Court.
In all, from separation to the divorce taking effect, the minimum time will be almost 15 months.
However, the total time from the point of separation to the resolution of all legal matters (including property settlement and parenting arrangements) can range from six months to several years, depending on the complexity and level of agreement between the parties.
Detailed Timeline Breakdown
Separation Period: 12 Months (Mandatory)
This is a non-negotiable requirement under the Family Law Act 1975. The 12-month clock starts on the date of separation. If you reconcile for a period of up to three months during that time, the clock does not reset — but if reconciliation exceeds three months, you must start again.
Preparing and Filing the Application: 1–2 Weeks
Gathering documents (marriage certificate, translation if needed), completing the application form and filing through the Commonwealth Courts Portal typically takes one to two weeks. You can prepare the documents prior to the 12 month period ending, but you cannot file them with the Court until the expiration of the 12 month period.
Service of Documents: 28–42 Days
For sole applications, you must serve documents on your spouse at least 28 days before the hearing (42 days if overseas). The easiest way to serve the divorce on your spouse is to ask their lawyer to accept service on their behalf, and have their lawyer sign an Acknowledgement of Service. For joint applications, service is not required.
Potential delays:
- Difficulty locating your spouse.
- Your spouse living overseas, requiring international service.
- Applying for substituted or dispensed service.
Waiting for a Hearing Date: 6–12 Weeks
Once your application is filed and service is complete (or not required), the court will allocate a hearing date. Current wait times vary by registry but are typically six to twelve weeks.
The Hearing: 1 Day
Hearings are usually brief. Joint applications are often dealt with on the papers without attendance.
Divorce Order Takes Effect: 1 Month + 1 Day
The divorce order does not take effect on the day of the hearing. It becomes final one month and one day later.
Total Divorce-Only Timeline
| Stage | Typical Duration |
|---|---|
| Separation period | 12 months |
| Preparing and filing | 1–2 weeks |
| Service (sole application) | 28–42 days |
| Waiting for hearing | 6–12 weeks |
| Hearing | 1 day |
| Order takes effect | 1 month + 1 day |
| Total from separation | Approx. 15–19 months |
What About Property Settlement?
Property settlement runs on a separate timeline and is often the more time-consuming process. Key timeframes:
- Negotiation and agreement: If both parties are cooperative, a negotiated settlement can be reached in 3 to 6 months.This timeline can be longer where, for example, tax documents and financial statements need to be brought up to date for corporate and trust entities, or complex valuations need to be obtained.
- Mediation or collaborative process: 3 months to 1 year, depending on how simple the matter is and how you want to structure and schedule sessions
- Court proceedings (if required): From filing to final hearing, contested property matters can take 12 to 24 months or longer, depending on the court's caseload and complexity of the asset pool.
Important: You have 12 months from the date of the divorce order to file a property settlement application with the court. After that deadline, you need the court's permission to proceed.
How to Minimise Delays
- Engage a family lawyer early to ensure your application is complete and correct the first time.
- Address property settlement at the same time, do not wait until after the divorce to start negotiating.
- Be responsive, delays in providing information or instructions to your lawyer will slow everything down. If you have an interest in corporate entities/trusts, then you should also make sure that your account and tax advisor brings the necessary documents up to date as early on in the process as possible.
- Consider alternative dispute resolution, mediation and collaborative law are almost always faster than litigation, and you have greater control over the outcome.