The Family Law Amendment Act 2024 introduces significant changes to the way divorces are processed in Australia, with most amendments taking effect from 10 June 2025. These reforms impact how, when, and under what conditions parties can apply for a divorce in the Federal Circuit and Family Court of Australia.

If you’re separated and considering applying for a divorce, it’s important to understand what’s changed, and how it might affect your rights and obligations. In this article, we explore the key updates and offer practical guidance on what to expect moving forward.

Divorce in Australia: A Quick Refresher

Divorce is the formal legal process of ending a marriage. Once a Divorce Order is granted, you are no longer legally married and are free to remarry.

However, it’s important to understand that divorce does not automatically resolve:

  • Parenting arrangements
  • Property settlement
  • Financial support matters
  • Powers of attorney
  • Superannuation or insurance policies

In New South Wales, the act of divorce may also have estate planning implications, including changes to your Will and executor appointments. That’s why it’s strongly recommended to speak to both a family law specialist and a Wills & Estates lawyer to ensure your legal affairs are fully aligned post-divorce.

Key Divorce Law Changes from 10 June 2025

  1. Removal of the Two-Year Marriage Rule

Prior to the amendments, couples had to wait two years after getting married before they could apply for a divorce. If they wished to apply earlier, they were required to:

  • Attend mandatory relationship counselling, and
  • Submit a certificate confirming they had considered reconciliation

Alternatively, they could seek special permission from the Court in exceptional cases to bypass this requirement.

What’s changed?
From 10 June 2025, this rule has been abolished. Parties can now apply for a divorce at any point after marriage, provided they have been separated for at least 12 months.

This change makes the process simpler and more accessible for people who know their relationship is irretrievably broken and do not want to engage in counselling or seek permission from the Court.

Important Note: The requirement for 12 months of separation remains unchanged. Even if you separate shortly after marrying, you must wait 12 months before filing a divorce application.

  1. Changes to Divorce Hearing Attendance

Another major change under the Amendment Act relates to whether divorcing parties need to attend Court for their divorce hearing.

Previously, attendance was mandatory in a range of scenarios, particularly where:

  • The couple applied jointly and had children of the marriage
  • A sole applicant had children of the marriage
  • A sole applicant had no children of the marriage

These rules created inconsistencies in how divorces were processed depending on the application type and family circumstances.

What’s changed?


From 10 June 2025, the Court attendance requirements have been streamlined. Now, applicants are generally not required to attend a divorce hearing, unless:

  • The other party has filed a Response to Divorce objecting to the application
  • A party has requested that the matter be dealt with in person
  • There is an application for substituted service or dispensation of service (for example, if the other party’s location is unknown)

You still have the option to attend your divorce hearing voluntarily if you wish to be present during the proceedings.

  1. What Is Substituted or Dispensation of Service?

In some cases, it may be difficult or impossible to serve the divorce application on your former spouse using standard methods. If your ex-partner’s whereabouts are unknown, or if they are avoiding service, you may apply for:

  • Substituted service: where the documents are served via alternative means, such as email or social media
  • Dispensation of service: where you seek the Court’s permission to proceed without serving them at all

These types of applications are still subject to Court review, and you may be required to attend the hearing, even after the 2025 reforms.

Why Legal Advice Still Matters

Although the process of applying for a divorce is becoming simpler, legal advice is still essential to ensure you understand:

  • The financial and parenting implications of divorce
  • Your rights and obligations during separation
  • What happens to your property, Will, and superannuation
  • Time limits for filing property or spousal maintenance applications

A divorce order is just one piece of the puzzle. You’ll still need to address the division of assets, financial support, and parenting arrangements separately, all of which fall under family law.

At Maatouks Law Group, our Sydney family lawyers provide comprehensive advice and representation to ensure your rights are protected throughout every stage of separation and divorce.

📞 Contact Maatouks Law Group today to speak with an experienced family lawyer in Sydney.

👉 Visit our Family Law page for more information about divorce, parenting matters, and property settlement.