When applying for a divorce, the Family Law Act does not consider the reasons behind the breakdown of the marriage; it simply requires proof that the marriage has irretrievably broken down. This is demonstrated by a separation of the parties for at least twelve months. If you have been married and separated for this duration, you may apply for a divorce in either the Family Court or the Federal Magistrates Court.

If your marriage lasted less than two years, you will typically need to obtain a counselling certificate before filing for divorce. Additionally, if you have children, the Court must be satisfied that you have made appropriate arrangements for their welfare prior to granting the divorce.