How long do we need to be separated before applying for divorce?
At least 12 months and one day of separation, with no reasonable likelihood of getting back together. This is the only real requirement under Australia’s no-fault divorce system, you don’t need to prove any wrongdoing or fault on either side.
You can be considered separated while still living under the same roof, which is common for financial or practical reasons, but you’ll generally need to provide additional evidence to support this, such as separate finances, separate bedrooms, or statements from people who can confirm the separation. If you’ve reconciled at any point during the 12 months for more than a short period, the clock may reset.
Once the 12 months has passed, you can formally apply for divorce, which is a separate process from sorting out property or parenting arrangements. Many people are surprised to learn those issues are usually addressed well before, or completely independently of, the divorce application itself.
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