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 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:
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.
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:
Alternatively, they could seek special permission from the Court in exceptional cases to bypass this requirement.
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.
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:
These rules created inconsistencies in how divorces were processed depending on the application type and family circumstances.
From 10 June 2025, the Court attendance requirements have been streamlined. Now, applicants are generally not required to attend a divorce hearing, unless:
You still have the option to attend your divorce hearing voluntarily if you wish to be present during the proceedings.
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:
These types of applications are still subject to Court review, and you may be required to attend the hearing, even after the 2025 reforms.
Although the process of applying for a divorce is becoming simpler, legal advice is still essential to ensure you understand:
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.